English Gilds - The Original Ordinances of More Than One Hundred Early English Gilds - 1870

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Agnta for tho sole of the Early English Text Society's Publications.
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;
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^^t Original #rijittanas
of mow tân 0m |^nirb
Together with
Cfte rlrmanas; of WRovttÛv;

ClK #ffire of tt)t iMapor of asrfetolj
and
i)t Cositomarp of tfie iWanor of CettenftalL-aêsis*
From Original MSS,

of the Fourteenth and Fifteenth Centuries.
EDITED, WITH NOTES,

BY THE LATE
TOULMIN SMITH, Esq.

FELLOW OF THE ROYAL SOCIETY OF NORTHERN ANTIQUARIES (COPENHAGEN).
WITH AN INTBODUCTION AND GLOSSABY, &c.,
BY HIS DAUGHTER,
LUCY TOULMIN SMITH.

AND A PRELIMINABY ESSAY IN FIVE PABTS,
<Bn tl)t iî0torg anir Bebelopmeut of (gilDsf,

BY
LUJO BRENTANO,
DOCTOR JURIS UTRIUSQUE ET PHILOSOPHIC.
LONDON:
PUBLISHED FOE THE EAELY ENGLISH TEXT SOCIETY,
BY N. TRUBNER & CO., 60, PATERNOSTER ROW.
MDCCCLXX.
AV^
^CJAN2 ^'1563
LiLl .-^^,^
2 385 6
40
OXFORD:
ST T. COITBB, M.A., B. B. GARDNEB, E. P. HALL, AlTD H. LATHAM, M.A.,
PRINTERS TO THE UNIVERSITY.

CONTENTS.
PAGE
Introduction xi
Peeliminaky Essay, " On the History and Development of
Gilds and the Origin of Trade-Unions," by Dr. Beentanc xlix
Preface liii
I.
2.
3-
The Origin of Gilds
Religious or Social Gilds
Town Gilds or Gild -Merchants
.... . .
.
,
Ixv
Ixxxi
xciii
4. Craft-Gilds , cxiv
5- Trade-Unions clxv
PART I.
*
Gild Ordinances from Returns made, in English, in January
London
>
.
1389
Garlekhith
St. Katherine,
.
.....
. .
Aldersgate
1
3
6
J)
Sts. Fabian and Sebastian, Aldersgate 9
Norwich
}i
Jf
St.
St.
St.
Mary
Botulph
George
...... 14
15
17
> St. Katherine 19
}f St. Christopher 22
}f
Holy Trinity . . . . . 25
if
The Barbers 27
li
The Peltyers 28
* The name of the town is put first throughout this table of the contents
of Parts I. and II., and is followed by the name (if any) of the saint or craft
after which the gild was called.
I COXTtXT^.
PAOI
îlHWtCtt. ..Thr Tailom :u
The CaqK'iiKTi 37
M
The Por Mrn 10
m
The SatliUom iujl Sj'uun is 12
n
Lnnr . St. Anthony ir>
St. Thoniiui 17
i>
m 6t, Loonanl 11)
m The Young Scholai-s 51
tt
The Sliijinien 51
t*
Nativity of St. Juhii liajitist 58

St. Thtnm of Cantirliiiry GO
m St. Pctor 02
M Purifu-atitm (31
9t
St Mury 65
rt
St. Kutljerinc . 07
t St. Janiea 09
Bishop's Lyvh Nativity of St John Baptist 71

St. George the Martyr 74
>
St. John Baptist 78
>
St. Thomas of Canterbury 80
tt
Holy Cross 83
n Conception . 86

Purification 89

St. La\Tence . 91

St. f'dmund 94
Wmt Lynn . St. Nicholas 97
)
St. Jolin liaptist 100
NOBTH LyX5. St James
. 103
i
St Edmund 106
II
Candlemas 109
W VON ALE .... . Holy Trinity . 110

AKsumption 111
i
Cranbone 114
Holy Trinity . 116
St Peter 117
Eabt Wyxch St. John Baptist 119
OXBI'ROH .... . St. Peter 121
rt St John Baptist 122
CONTENTS. vu
PART II.
PAGE
Illustrations of Gild Ordinanes, some in English, some trans
125
"Writ for Returns to be made by the Social Gilds (tr.) 127
Writ for Returns to be made by the Craft Gilds (tr.) 130
Proclamation of both Writs by the
shire (tr.) ......
Note on Writs remaining, and on Parchment Paper
Sheriflf of Worcester
131
132
wages of Members of Parliament
"Writ for levying the (tr.) 134
York (Gild of) the Lord's Prayer (tr.) 137
Corpus Christi (tr.) . 141
Agreement with Gild of Corpus Christi
(Eng.) . . . 143
St. John the Baptist (tr.) . 146
.^.
Beverley .... St. Elene (tr.) . 148
St. Mary (tr.) . 149
Great Gild of the Hanshouse (tr.) 150
Corpus Christi (tr.; . 154
KiNGSTON-UPON-HuLL . . Virgin Mary (tr.) 155
John Baptist (tr.)
St. 161
Lancaster... Holy Trinity and St. Leonard
. (tr.) 163
Chesterfield Blessed Mary (tr.) . 165
The Smiths (tr.) 168
Lincoln St. Benedict (tr.) 172
The Resurrection (tr.) 175
St. Michael-on-the-Hill (tr.) 178
The Fullers (tr.) 179
The Tailors (tr.) 182
The Tylers (tr.) 184
Kyllyngholm . . Gild of (tr.) . 185
Stamford .... St. Katherine (Eng.) 187
Bull-running in Stamford 192
* Those marked "(tr.)"are translated; those marked "(Eng.)" are from

English originals.
) . .
Tin OOXTKNTB.
Lt DUm The IVlmrre (tr.) \[K\
Rr|>ort ma*Ic in IS-IG (^'n^ 1 OtJ
WoftCSSTKB . . St Nicholiui 200

Report mmlo in 1540 (Knp.) 202
RqMirt matlo in 1518 (Kn^'.) 203
"Mr. Hiihinilon's Account of Trinity
Oyia"(Eng.) . . . . 200
The Jdinon* nntl CrtrprnUTS (Kng.) 208
BriATfOED-uroK-Avox. H<ly CVoks . 211
Tlio original Latin, and translation 212
Ho|>ort made in 154G (Eng.) 221
The C< >llegc of St rat f< r(l -upon -Avon (Eng 222
RojH)rt made in 1547 (Kng.) . 223
The I>e*^cnd of the finding of tlic Holy
RochI (tr.) 221
CoTBmr .... The Gild Merchant (tr.) . 22G
Holy Trinity (tr.) 234
Deed of Trust, touching the Gild of the
Holy Trinity (Eng.) . 23G
BomVOHAM . . Holy Cross 239
Writ of Inquiry, ad Quod Damnum (tr.) 240
Letters Patent on Foundation (tr.) 244
Report made in 151G (Eng.) . 247

Report made
Lcnche's Trust
Declaration as to
in
....
1517 (Eng.)
Endowment
.
(Eng.)
248
251
252
William Lcnche's Will (Eng.) 253
The Ordinances of the Gild (Eng.) . 255
St. John the Baptist of Deritend 258
Report made in 1546 (Eng.) 259
Report made in 1547 (Eng.) 2G0
Cambridge . . . Holy Trinity (tr.) 2G2
St. Mary the Virgin (tr.) . 269
Annunciation (tr.) 270
Bles.sed Mary (tr.) 271
St. Clement, collated with two others (Eng.) 272
Note on Oxford Gilds . . . . 272
CONTENTS. IX
PAGE
Bristol The Fullers (tr.) . . . , .283
The Kalenders (Eng.) . . , .287
The Kingers (Eng.) 288
Keading . , . . The Gild of . - 297
Letter from King Henry VI. (Eng.) . . 298
Exeter The Merchant Tailors . . . .299
Charter of Edward lY. (tr.) . . .300
Quarrels with the Corporation (Eng.) . 302
The King s Award (Eng.) . . . 304
Petition to Parliament (Eng.) . . 309
Ordinances of the Gild (Eng.) . . 312
Oath of the Craftsmen (Eng.) , . 316
Instructions to be read (Eng.) I . 318
Oath of the Master (Eng.) . . . 318
Oath of the Free Brothers (Eng.) . . 318
Oath of New-comers (Eng.) . . . 319
Oath of the Bedell (Eng.) . . . 319
Goods given to the Gild (Eng.) . . 320
Extracts from Gild Records (Eng.) . 321
Further Ordinances (Eng.) . . . 324
Agreement with the Gild (Eng.) . . 325
Goods in the Gild-hall (Eng.) . . 327
Further Ordinances (Eng.) . . . 327
The Cordwainers (Eng.) . . . .331
The Bakers (Eng.) 334
Berwick-upon-Tweed .. The Gild of (tr.) . . . . 338
PART III.
Relations of Gilds to Municipal Bodies 348

pE OLDE VSAGES OF WyNCHESTRE (Eng.) 349
Note thereon 363
The Ordinances of Worcester (Eng.) 370
The Kalendar of the Ordinances 370
The Ordinances 376
Note thereon 409
S (X).VTILVTi.
PAOB
T Office of the Mayor of Bristol (Knp.) 113
Note thereon 128
OotrOMAET OF THE MaNOR OF TeTTENHALL KeGIS (Kllg.) M\2
Xuto tlicrcon . . . .138
ArPKxnix I. Oild of St. George, Norwich 113
Arrcxnix II. Oranimticl Notca hy Rich. Morris, Esq. . 1G0
Olooaarial Index 1G3
IxoEX 479
;
INTRODUCTION.
JLT is with mingled feelings that I now send this volume forth.
A sorrow, in which its readers will share, that the hand which
had laboured so long and so patiently was stayed ere its task was
ended, that the work which should be the book he ^^ desired to
be remembered by " was yet unfinished when its author was sud-
denly called away, is but partly consoled by the thought that so
much of that work as he had done is not lost, and that it has been
at length completed, as far as might be, although by feebler hands.
That it should be so completed, in a manner as much as possible
worthy of the attention and care bestowed upon it by my father,
has been my constant aim and endeavour; and I have had a

melancholy satisfaction in filling in the rest of the outline design
of this, the last labour of love undertaken by him, out of his devo-
tion to Freedom and to the welfare of his fellow Englishmen.
A few words of explanation are due to many who have been
long looking for the issue of this volume. For some months before
my father's death, in April of the present year, his illness had
delayed the progress of the work. Having long acted as his
amanuensis, it seemed most natural afterwards that I should
superintend the remainder in going through the press, rather than
another, who might be an entire stranger to the papers and notes
O v.'
xn IXTBODUCnON.
ad eren with thU advmntagt^, I had much to overcome in ina><lor-
blkg all the details of the book. Inex)HTience, and the results of
a painful U'rvavonient have, I fear, cansi'd further delay; in short,
a dauj^hter'f affection and reverence for her fatlior's name are the
irongeat reasons I can offer for undcrtakin^ this myself, inst<>ad of
jieldinj; it up to other and more elliciont hands.

It it ri^ht that I hhould state the position of the work at the
time I txk it up, in onlcr to jôint out the autlicnticity of each
portion. The whole of Parts I. and II. were finislied by my father,
with the exception of a few trifling press corrections and short

notes in tlie last ten pagi?s. The whole of the four Ilccords con-
tained in Part III. were in type, but of these, the Â'inchester
**U8ajfCs" alone was nearly ready: all rc(|uired careful collation
and notes, most of them wanted the mar;inal abstract. The

Appendix I. was not in type. Except in the case of the Ordi-
nances of the Norwich Ciild contained in the Ai)pendix, which
Mr. Parker of Oxford has been kind enough twice to collate for me,
I have myj^jlf supplied all that was thus wanting, taking the
utmost care to make the transcripts correct and trustworthy ^ In
the Glogsar}', which I have aW comj)ilcd, I have had the advantage
of the friendly advice of ^Mr. Richard Morris, who has moreover,
at the rrtpiest of Mr. Furnivall, been good enough to prepare the
Grammatical Notes on the forms of early English here printed.
In the following short Introduction I attempt to sketch out,
though I fear but imjêrfectly, some of the ideas that my father
entertained upon the wide subject that is opened up by the present
volume, and to give a slight abstract of its chief features. In
doing this, I have yielded to the desire of old and valued friends,
who have urged that the point of view from which English Gilds
and their history was regarded by one who was so thoroughly
conversant with the life and spirit of English institutions, would
be of the greatest interest, and that as he has unhappily left the
intended Introduction unwritten, it would be well to throw his
* Notes added by me are dibtinguiiihed by the initials L.T.S.
INTRODXJCTION. xiii
notes and materials into some shape ^. Besides notes made ex-
pressly for this purpose, I have availed myself of those made for
two Lectures on the Records of England, delivered at Birming-

ham, in April, 1865, in which my father gave some account of the
Records of the Gilds, and the pictures of their laws and customs
therein discovered.
Several years ago, while following up some searches at the Puhlic
Record Office for the purposes of another work, my father's
inquiries led to the bringing out of some hitherto almost unused

bundles of documents 2, which at once attracted his attention as
connected with the subject of Gilds. On fully looking these over,
he found that they were of the highest interest, giving an amount

of information, and throwing a light upon the history of the Gilds
of England not anywhere else known. He made a calendar, and
careful notes of each one of the whole series, thus occupying the
leisure hours of many months ; and during the course of this study
he became convinced that, besides the value of the view of
'^manners, morals, and language of the time," which he considered
one of the most complete in itself anywhere to be found, these old
Records possessed a value for the men and women of England of
the present day, which ought to be made known. In the midst of
the perplexing problems presented by modern Trades-unionism,
and the dangers to enterprise and manly liberty threatened by its
restrictive rules, my father, who knew that Englishmen can '* never
appeal to their fathers in vain, when they earnestly invoke the

spirit of solid freedom ^," saw how the ancient principle of associa-
tion, more than a thousand years old, had been in use as a living
practice among the common folk, that it had been ^^

a part of the
essential life of England, and always worked well till forcibly
meddled with '" and he believed that if the spirit in which those
^ In several places throughout the book, reference is made to what *'

will be " said
or found in the *' Introduction," On some of these points I have touched where
it seemed fitting ; others, feeling it impossible, I have not attempted to deal with.
"^
For a more particular description of these documents, see after, p. xlii.
^ T. S., Lecture I., on Records ; MS.

^v INTRODCCnON.
carlr fiitlMn met iogvthor, pmvtxl t4>^>t)ier, nidod one another, their
\ in Uw-al.ii!in>fmnw '*
ami liln'rly, an<l their eharity, couhl Ik?
)Hiv%n to their hrvthn-n and sii^tren of thete hiter dnyn, it would not
only brin^ cloikT to the prvwnt the hearts and haii(h} of the piu)t,
with pmfit to them}elve8, hut alno the work w)uld * hy examples,

give in\^liiahle prnetieal hintj< to sincere nun " and workers now.
Till* volume \ therefore the result of that convietion and desire.
It doc not sock to jivo a wmiplete history of Gilds abroad and at

home
; nor docs it profess to fj^ve lists of all the Oilds known in
jmst times in England (interesting,^ and useful though these mif^ht

be), it doe not even jjive the whole of the documents found in the
bundles at the Record Office ; its aim has been tx) put forth a true
view of tlie early English (iilds, what they were, and what they did,
by letting their own Records sj>eak for them. And to help in this,
the several other Records contained in Part III. were added, as

besides being instructive in themselves illustrating^ the outward
relations of the Gilds with other Institutions of the land, and the
development in other shapes of the same princijilcs of free action
upon the vitality of which the Gild depends ^.
The early English Gild was an institution of local self-help

which, before Poor-laws were invented, took the jdace, in old times,
of the modern friendly or benefit society; but with a higher aim,
while it joined all classes together in a care for the needy and for
objects of common welfare, it did not neglect the forms and the
practice of Religion, Justice, and Morality.
" ' Gilds ' were associations of those living in the same neigh-
bourhood, and rememl>eriiig that they have, as neighbours, com-
* The Kamy on the History arul Derelopment of Gilds, by l>r. Brentano,
of AschaflimlniT]^, Bavaria, who is about to write a large work on the subject, and
who has tbu embodied some of the early cliapters for this book, is here inserted by
the desire of Mr. Fomivall, The value of independent historical research and
opinion is evident ; I niUHt add, however, that this gentleman ha<l no communication
whatever with my father, to whom he wa quite unknown, aiid who therefore will
not be held retrpoDsible for views differing much on some points from his own.
" See after, p.
348.
INTRODUCTION. XV
mon obligations. They were quite other things than modern

partnerships^ or trading '
Companies/ for their main characteristic
was, to set up something higher than personal gain and mere

materialism,, as the main object of men living in towns; and to
make the teaching of love to one^s neighbour be not coldly accepted

as a hollow dogma of morality, but known and felt as a habit of
life ^." They were the out-come, in another form, of the same spirit
of independence and mutual help which also made our Old English
^'
fathers join together in the '^
Frith-borh or Peace-pledge, the
institution which lies at the very root and foundation of modern

civil society^. The difference between the Gild and the Peace-pledge
''
was akin to that which lies between the old words " wed and
" borh^^; as "wed" is that security which is given by a man per-
'^
sonally, for himself as an individual, and ^'
borh the pledge given
by a man for others, so a Gild was the association of men together
forcommon objects of private and individual benefit, in which each
man gave his ^^wed^^ to abide by their internal bye-laws, while a
Frith-borh was the banding of men together, within the limits
of a boundary, in which each joined in the ^'
borh " or pledge for
the keeping of the peace, and performance of public duties, by all
the others.
''
English Gilds, as a system of wide-spread practical institutions,
are older than any Kings of England. They are told of in the
books that contain the oldest relics of English Laws. The old
laws of King Alfred, of King Ina, of King Athelstan, of King
Henry I., reproduce still older laws in which the universal exist-
ence of Gilds is treated as a matter of well-known fact, and in
which it is taken to be a matter of course that every one belonged
to some Gild^. As population increased. Gilds multiplied; and
thus, while the beginnings of the older Gilds are lost in the
far dimness of time, and remain quite unknown, the beginnings
* Traditiom of the Old Crown House, byToulmin Smith, p. 28. Birmingham, 1863.
2 See, as to the "Frith-borh," after, p. xxi.
' See, in the same sense, Kemble, Saxons in England, i. 239.
;
%r\ nnnonrmoN.
of Hit- U!iT iu^ tortk pliUH* in motluHlH and witli arcompnnyinn'

have been ivcordwl '."
for *
'I 'x of thtfi general syHUMii of Ciilds in \\\o Old IOn;,'^lisli
f \ 1 timo arc to Ik foiiiul not only in tho laws but in

^ of a few of the (Jilils still remaining to us. Tliis
bnnch of the subject iv<|uircs? more study and more space tban can
Boir be gn\*en to it, but it may Ih well to j>oint out some of the
I principal paages where the characteristics of those Gilds are
indicat4-d. These show that the j)rinci])le of association for mutual
help in tlie affairs of commonly but
life mistakenly supposed to
be modem is found, in name and in fact, in the English laws of
*
nearly 1200 yejirs ago; and that it existed in activity then, and
oMitinuctl a ver}' living spirit in the land, through the changes
of agt? and circumstance, long before the times of which we have

the fuller recortL in the present volume.
Among the laws of Ina (a.d. 688-72(3) are twô touching tlie
liability of the brethren of a Gild in the case of slaying a thief '^.

Alfn'd (a.d. 871-901) still further recognizes the brotherly Gild
spirit in his laws, as to manslaughter by a kinlcss man, and again,
where a man who has no relatives is slain ^ ; in the first instance
the man has rendered himself liable for a sum of money, and the
Gild helps him to bear the burthen, in the second the Gild has
a claim ujwn part of that which is paid by the slayer. The famous
Old Crovrn Ilouse, p. 28, With regard to the opinion entertained by some writers
upon Gilds, iliat their origin was derived from the sacrificial feasts of the ancient
T .inic DatioDs (e.g. Dr. Wilda, Gild^nircjicn in Miltelalter, cap. i, i ; Lappenberg,
Ji <nf of England under the A mjloiâxon Kinys (^Thorpe's translation), vol. ii. p. 350
''
lliorpe, DiplonuUarium A nglicum, Preface, p. xvi.), my father remarked " that none of
oor Gilds ever were founded on such a basis." And when a reference to early Roman
history was BUggeHtd (according to a favourite idea of tracing many English in.sti-
tatioiM to an origin in the Roman law), he replied, "There is not the shadow of an
analogj (misleading as even '
analogies '
are) between the old Sabine curies and our
Kngiiah Gilds. We trace ours back to the old
Saxon times and they borrow their
from ibeae, but even from them they differ very widely, and belong to two
mmm, markedly distinct." {Private Letter, Nov. 4, 1867.)
Tborpe'a Anglo-Saxon Law8, Ina, 16, 71.
Ibid. Alfred, 27, 28.
INTRODUCTION. Xvii
^^ Judlcia Civitatis Lundonia? '^

of Atlielstan's time (a.d. 924-940)
contains ordinances for the keeping up of social duties in the Gilds,
or Gild-ships as they are there called, of London,, which seem also
to be referred to in the preamble to that body of laws ^. One of these
nearly foreshadows one of the most usual ordinances of the Gilds of
450 years later; ''And we have also ordained respecting every man
who has given his '
wed '
in our Gild-shipSj if he should die^ that
each Gild-brother shall give a fine loaf for his soul, and sing a fifty
[of psalms], or get it sung within 30 days.'^ (See after, "^

messe
pens for J7e soule/' trental, 30 masses sung for the soul, pp. 8, 38,
48, 181, &c.) The '' Gild-ship ^^

is also referred to in Edgar^s
Canons (a.d. 959-975)^. The laws of Henry I. repeat those of
King Alfred before named, while in another place they refer to the
Gild under its social aspect of good fellowship ^, enjoining what is
afterwards found constantly insisted on peace and good behaviour

at the meetings.
The relics of ancient Gilds by name that are found reaching
down to us out of those far-oflP times are of great interest, and show
us that they did not merely exist in the laws, a dead letter. Stow,
in his Survey of London ^, tells how the Cnihten-Gild, or Young
Men's Gild ^, of London, was as old as the time of Edgar, and that
charters of confirmation were given to it successively by Edward
the Confessor, William II., and Henry I.^ ; indeed, in a charter of
the latter touching their property, reference made back to what
is
the men of the said Gild possessed in the time of King Edward^
* Thorpe's Anglo-Saxon Laws, Athelstan V, 2, 3 ; 8, clauses v, vi.

2 Ibid., vol. ii. p. 247. ^ Ibid., Henry I., Ixxv. 10; Ixxxi. i.
* Strype's ed., bk. ii. p. 3.

^ See Madox, Firma Burgi,
pp. 23, 24 also Herbert's Livery Companies, i. 5-7
; ;
Merewether's Municipal Corporations, i. 307; Rymer's Foedera (1816), i. p. 11.

* Stow says of the charter of Edward the Confessor that it " was fair written in
the Saxon letter and tongue," and refers to " the book of the late House of the Holy
Trinity." But this Charter, the terms of which would probably be instructive, does
not seem to be in Kemble's Codex Diplomaticus ^vi Saxonici, nor is it included
among some documents as to Gilds printed in Thorpe's Diplomatarium Anglicum
(1865).
&

ZVUI INTBODlTTlOy.
M\tv > r- ! , r n. Kvi'ii oldor tliaii iJiis, a ^niiit of land \u:u\r

111 the linu ,1 LihcllHTt (A.D. 8^>o) allonU us a j;lim|me of aiiotlicr
Youn^ Mcu'ii (liM '. Of a mort* ctTlaiu naturt*, lliore are btill
r*mainin:^ tlio a^nvmoiit and byo-laws or ordinanros made ani(n>^
tlujiw U,- bv the bn'thnn of a Thegns' (iild at ('aml)ridp', a (iild

at AbttuUburv, and a (iild at Exet4.T^. There is also a record **t
a Ciild at \V(HHlburv . In comiuiriii;;' these (some of which bear

m c!o rremblaJieo) with the ordinances of the comparatively more
modem Gildi of the Middle A^'S, and nolinj^ their likeuesscH mikI
their iinlikeDcsses, they throw much lii^'ht ujion one another The
gTeement of the Gild of Kxeter is as follows :

Tliia OKienibly was collected in Exeter, for the love of God, and for
our soul's uecil, both in regard to our health of life here, and to the fter
davH, which we di'siro for ourselves by God's doom. Now we have agi'ced
that our nici'ting shall be thrice in the twelve months ; once at St.
Micluiers MiLss. the second time at St. Mary's Mass, after midwiiitcr,
and the tliird time on Allhallows Mass-day after Easter. And let each
gild-brother have two sestcrs of nuilt, and each young man one scster,
and a sceat of honey. And let the mass-j)riest at each of our meetings
iiig two masses, one for living friends, tlie other for tlie departed ; and
each brother of common condition two psalters of psalms, one for the
living and one for the dead. And at the death of a brother each man
six niiMTW, or six j^salters of psalms ; and at a death, each man five pence.
And at a houseburning, each man one penny. And if any one neglect
the day, for the first time three masses, for the second five, and at the
thiril time let him have no favour, unless his neglect arose from sickness
or his lord's need. And if any one neglect his contribution at the proper
day, him pay twofold. And if any one

let of this brotherhood misgi cot
another, let him make boot [amends] with thirty pence. Now we pray
for the love of God that every man hold this meeting rightly, as we
rightly have agreed upon it, God help us tliereunto."
* Cod. Dipt. No. 793. Kemble (Scucong in Enf/land, ii. 335) says this was in Can-
ierbary, but there i nothing in the document itself to sliow it.
" Cod. Dij'l. No 942 ; Thorpe, Dijd. An'jl. 605, 610, 613 ; translations are also
given in Turner's Jliatory of tJu Anglo-Saxom, vol. iii. pp. 98, 99, and Kemble, Saxons
in England, vol. i. pp. 511-513. The exact date of thejê does not seem to be known,
but the originab are all in Anglo-Saxon. ' Thorpe, Dipl. An/jl. 608.
; -
INTEODUCTION. XIX
Domesday Eouk incidentally makes mention of two Gilds in
Canterbury^ one of the burgesses and one of the clergy ^ ; also of
a Gild-hall in Dover^ which implies the previous existence of a Gild

in that town ^. /.k/^^^^^t-*^ /
The word ^'

gild " (with its varieties ffield, geld, ff^^(^) is of Saxon /
V'^'\
origin, and meant, as is stated on p. 122^ "a rateable payment^." *^J

Dr. Eosworth says 'â payment of money, compensation^ tribute ;"
he also gives the verb " gyldan, gildan, geldan,'"' to pay, give,
render '^. Spelman, in his Glossary, gives a long list of the taxes or
payments that were required under the old laws, such as dane-geld,
ceap-gild, wergild, &c., and quotes Domesday Book for a frequent
use of the noun and the verb to signify a regular charge payable
on certain holdings^. How and when the word became applied to
the brotherhoods or societies is not found in so many words ; but

that the brotherhoods, by their inherent power of making what
internal rules they pleased, should be accustomed to gather a regu-
lar rate, or " gilde," from each one of their number for their com-
mon expenses, till every man was known as a " gegylda," as having
paid to this or that Gild, seems a natural and certain explanation.

The early use of the word " gildship " implies this the more
strongly. Meanwhile, " gilde " did not lose its old sense, and we
find the two meanings '^ geld," a payment (with a secondary use,
money), and ^'

gild," a brotherhood running side by side, down
to much later times, the relics of the former of the two still exist-
ing in our modern " yield."

Whatever was the particular form and object of the ancient Gilds
and my father seems to have considered that therein some of
them differed widely from those of later times the principles ;
which gave them life were the same, namely, those of mutual self-
^ Domesday Booh, fols. 2 a, 3 a.

^ Ibid., fol. la. The word has a like form, "Gihalla," to that found in Bristol
see after, pp. 284, 286.
2 The explanation intended by my father I cannot find : I have supplied its place
as best I could. * Anglo-Saxon Dictionary.
5 See, in accordance with this, Merewether's^?'s<. of Municipal Corporations, i p. 353.
d 2

XX IXTttomCTIOM.
b(*lp aiul a maiilv jn.l*}-. ti.l- tn' which (tmUl tlnnk <f tho ri;ht8 of
oth<*r)i. Mr. Ki'in!U' mvuij. lo imint to that ilillon-ncf when ho

my*, of the Saxon bn>thorhoiHlH. **
tlut*f jryldn, wlifthor in tluir
orti^nal naturt* rvliîoun, jKilitiail. or mert'ly WK-iuI nnions, n'stod

upon anolhrr and Milomn principle: tliey were sworn l)n)tlcrlio<)d8
U*twct*n man and nian, i>ttul>litili(*d and fortified upon *

u^ an<l wed,*
oath and plo^ljjv; and in them we constMpiently recognize the êrra

of thoeic liwom communes, cotninuMti' or communis, wliieh in the
times of the densest seignorial chirk nis8 offered a noble resistance

to episcoj^l and Iwironial tyranny, and formcfl tht- nursing'- < radU's
of {mpuhir lilKrty '." Now, my father lias elsewhere fully ex-

plained the im|>ortant meanin*^, in English history, of the " rom-
mume** or " communitu*^^' that it " is the corporate title and descrip-
tion of a place. A city or ]>orough is, in its corporate cajiacity,
a *
communitas,' so is a county '-." Comparing with this the
example 201) where the word " comune " is the description of a
(p.
gild as a coqK>rate body, it would appear that when Glanville wrote

(temp. Henry II.) of a " commune, in other words a gild," he must
have intended a town whose corporation had set up a Gild, i)ro-
bahly a Gild-Merchant, as was the practice in a great number of

towns at that period. Tlic passage runs thus :
" Item si quis
nativus quiete jKr unum annum et unura diem in aliqua villii privi-
legiata manscrit, ita quod in eorum communiam, scilicet gyldam,

tanquam civis receptus fuerit, eo ipso a villenagio liberabitur-*;"
* Saxons in England, ii. 310.

J/en and Mamf* of Old Birmingham (1864), p, 76, 7iote; ako, Parliamentary
JUmrmhrancer , vol. ii. p. 3.
' I)e' Lfffibtu, lib. v. c. 5. lUustmtive of what Lh here said is the following
eztrct from the " CuAtumal of Prestoo," the second article of which practically
embodies Glanville's maxim :
" I. So that theyhave a Gild-mercatory, with IlanHe, and other curitoms and
hhall
liherties belonging to such Gild and so that no one who is not of that Gild shall
;
nuJte any merchandize in the said town, unless with the will of the burgesses.
" 1. If any uttivuH [liom bondman] dwell anywhere in the same town, and holds
any land, and be in the forenamed GUd and Hanse, and pay lot and scot with the
fwm hu rgc wii c^ for one year and one day, then he shall not be reclaimed by his lord,
free in the same town."
Dobsou and Harland's Ilidory of Prchton
".p. 73-
INTRODUCTION. Xxi
and this view of Glanville's meaning is farther borne out by the

use of the terms " villa privilegiata," which imply that it was so
usual for such a town to have and be joined with a Gild^ that he
used the words as synonymous.
In further elucidation of this matter and of the growth of free
local institutions in England, of which the true Gild or Brother-

hood is one type, and the Borough another ^, I here insert an
unpublished paper^ written by my father in 1864, on the
^^ Origin of Corporations.
" Corporations, using the word in the sense in which it is applied

to towns, &c., in England, had their beginning in the old '
Frith-
borh/ or '
Peace-pledge ^.' The gist of this is, that all the inhabit-
ants of a place (' communitas ') are bound to each one^ and each
to all, and the whole to the State, for the maintenance of the public
peace. The ^ View of Frank-pledge,' which (though only nominal
in many places, yet still quite real in others) is now kept up in
Courts Leet^ is one relic of this '
Frith-borh.' The liability of
hundreds, parishes, &c., to certain obligations, is another practical

relic of it. Every man^ in every '
Communitas/ used to be obliged
to be actually enrolled in the '

Frith-borh '
on reaching a certain
age, and thenceforth had to be present (or to account for his
absence) at every one of the regular meetings of the ^ Communitas.'

This practice was kept up till comparatively modern times. The
'
Articles of the View of Frank-pledge ' were part of the Common
Law, but were also enacted in Acts of Parliament, and were added
to from time to time, as fresh circumstances arose.
'^
The bodies thus acting were all true ' Corporations,^ though, as
different places increased and grew unequally, different shapes were

taken, some larger and some smaller, and some almost dwindled
* " Shires we have, and Hundreds, and Cities, and Boroughs, and Parishes, and
Corporations of other kinds. All these have their relation to the true Gild." T. S.,
in Old Crown House, p. 7. 8.
* Among the writers upon this, Lambard gives an interesting account in his
Duties of Constables, Borsholders, <kc. (1610), pp. 6-10.
wmy U> nothing. Roprpentativc CounciU, &o., nro n more inci-
Coqwrationf*. T\\o wliolo Itody is Mf
deot mmX not an c*iHntia! to
Cbfjioru Tlio head of tbc'fic Coqwmtions iistxl to Ik* tlie * Pro-
0ft' (a nmmc fomiorly univorwil in Kn^lnnd), the ' ConKtable/ the

'
B.iilitr/ or Xhe '
Rwvc* Up to the ' Corponitions Reform Act '
of
AVjlImin IV., the names of the \uîU of Corporations vnriid very

much. That of *
Mayor *
i n^lly motlorn. It in l)ut twenty-five
vtMHi ftint'O the corjvinito (rcpresontntive) body in lîmiiiii^^ham was

Uie BailiflV and Court IxM?t.
"The
Communitas '
has, at Common Law, and without any
Statute, full power to reg-ulate its own affairs, and to make Bye- '
lawg *
for its own governance, by the assent of its own members.
This power is inherent, and necessary to enable it to fiilfd its obli-
gations to the Slate.

" Cliarters of Incorporation do not and cannot create Corpora-
tions. Tliev I'.ave always de|Mnde<l, and still depend, for even tlieir
validity ujK)n the pre-existence of the ' Communitas,' as above

Ftate<l, and upon the assent and acceptance of the ' Charter ' by the
*
Communitas.' In this respect the Corporations Reform Act made
no ditrerence. Tliis matter became tested in the case of the Man-
chester Charter which was issued under that Act, and that Charter
was held by the Courts of Law to be only sustainable upon proof
of assent and acceptance.
" ' Charters '
therefore do not '
incorporate' They merely record.
They may fwithin the limits allowed by Common or Statute Law)

de<"lare the form or shape of certain municipal titles, offices, or
functions within the Corporation ; but they do not touch the in-
herent characteristics of it, or its responsibilities, or the essential
element of assent and acceptance.
" As cities and built t<^jwns have a more compact municipal life
and action than other places, the notion of Corporations (in the
political sense) is apt to be exclusively attached to them. But this
is quite incorrect. Every place where a Court Leet has been held,
is or has been really a Corporation. ' Hundreds' are Corporations
'
INTRODUCTION. Xxiii
(though now almost atrophied in most places) ; and the ' Hundreds
used, as such^ to have corporate seals. Counties also are Corpora-
tions. So also are Parishes, and the true '
Wards ' of London.
Each of all these has an independent life, and the power of self-
action, by its own consent, in matters that touch the common well-
being; while, on the other hand, each is held bound to the State
in certain definite and important BesponsibUHies. And these, con-
jointly, are the characteristics of a '

Corporation ' in the political as
distinguished from the commercial use of that title. And these

characteristics are the direct offspring, with simply more or less of
'*
development, from the old ^ Frith-borh '
or '
Peace-pledge.'
The Ordinances and Bye -laws of Municipal Bodies, contained

in Part III. of this volume, receive their best explanation by the
study of this paper.
Some links that carry us on from the Gilds of the old English
times to those of the fourteenth century are to be found in the
Great Gild of St. Jobn of Beverley (p. 150^), the earliest charter
of which was given in the time of Henry I., and in the Gild of
Stratford-upon-Avon (p. 213), whose beginning was ^'from time
whereunto the memory of man runneth not,^' as well as in several
others whose foundations were so old that the same declaration wâs
made as to them^. The beginnings or the early history of some
may be traced in the charters of many Corporations, to whom the
possession or the setting up of a Gild was often thus confirmed or
put on record. Thus in the reign of Henry I. (1100-1135),
Leicester possessed a Gild Merchant"^ ; the citizens of York had a Gild
Merchant and Hanses, as is declared in their charter from John ^
;
^ Pages inserted thus between brackets refer to the body of the work. Further
references will be found in the Index.
^ In several Returns not given in this volume. Miscell. Kolls, Tower Records,
Bundle CCCVIII. No. 42 CCCIX. Nos. 71, 81, 86.
;
^ Thompson's History
of Leicester, p. 29.
* Brady on Boroughs, Appendix, p.
47 also see after, p. 151. A Hanse seems to
;
have been a company or society, formed exclusively for purposes of trading in the
country and abroad. Sec Spelman's Glossary, v. Ause ; Jacobus Law Dictionary,
V. Hanse; also after, p. 357.
x\\\ irnromfTioN.
anil IVicton tract** \\vr (tilil Mcrrliant witli n Iuidm* to tho
vmf (1173-1183) of llcnr)' II. * roij^n '. The (iild Mmlmnt of
Winohf*trr 357) wan in oxistonco in llu ni;^n of Kichuril I.

(p.
(11H9). In the rvipii of John (i 199-1 2 1<S) (irvixt Yarmouth liad a

GiUI Mort'l'.ant thf hurjft*Rs* of Dimwidi also had a " hanse and a
;
GiUl Monhant, a* thcv have \hh>\\ nc<'UHtomed to have;" the men of
Andovor had one hke that of the hurfjesses of Winchester, and the
biirjjt'R>4'ji of Helh^j^ton had also their (iild Merchant'-. Under
Honrk* III. (1227) the citizens of Worcester iiail their Gild Mer-
chant with a hanse (p. 411). and an inspejc'imus of the same kinj^'s
ppipn (1267) tells lis that tlie hurgvsses of Wallin'^lord IkkI 1i;u1 a
Gild Merchant with all its usages and laws since the time of Edward
the Confessor '. These are hut a few out of the instances that
mif^ht 1)0 jjathered tojiêther, showinî^ how wide-s:pread and lastin<>
wa the system of these hrotherhoods.

In the vear 138H two Parliaments were held. Of tlic f?ee<>nd of
these, held at Camhridîfe ', and which fell in the 12th year of
Hiehard II. (p. 136), it h:ij)pens that the Roll or official record is
now lost, hut it is known from other remains that it sat thirty-nine
d:iys. and that even in that short time it passed " sixteen ;ôod acts V'
touching among" other things the condition of labourers, aiul
regulating" beggars and comm(m nuisances. In this Parliament it
was ordered that two Writs should be sent to every Sheriff in

England, both commanding him to make public proclamation
throug^hout the shire, the first calling upon " the Masters and
Wardens of all Gilds and Brotherhoods," to send \x\) to the King's
Coun<-il in Chancery Returns of all details as to the foundation,
statutes, and property of their Gilds (p. 127); the second calling
on the " Masters and Wardens and Overlookers of all the Mysteries
' Dobon and Harland's IJutory of Preston Guild, 2nd edition, p. 72.
Bra/ly on Uoroxujht, where the originalB are given at length. Appendix, pp. 45,
13, 14, 17. 21, 22.
Ihid., pp. 16, 17.
" CVuitebrigflre ;*' thi is sometimes wrongly translated " Canterbury."
Prynne's Parliamentary Writ*, vol. iv. pp. 404, 405.
INTllODUCTIOX. XXV
and Crafts,'"' to send up, in the same way, copies of tlieir charters
or letters patent, where they had any (p. 130). These Writs were
sent out on the 1st of November_, 1388^ the Returns were ordered to
be sent in before the 2nd of February next ensuing. Those Returns
thus made during" the winter months, just 480 years ago, and forty
years after the ''
great pestilence/' by which some of them mark
their dates ^j remain to us now, " life-pictures " of what was
passing then (p. 184). Many of them must be lost, as we know
that there were Gilds in other places of which there is no Return
left (pp. 272,, 357). But even thus reduced in number, there
are still extant these official Returns of more than five hundred
of the brotherhoods which once were scattered all over the land,
enough to teach us the characteristics, purposes, and value of these
institutions -.
These Records themselves deserve a few words before passing on

to their contents. The Englishman's independence, and the diver-
sity of character following thereupon, are features stamped upon
them. Written by men of the people, and not by legal officials,
the handwritings are as various as would be expected to be found

among the same number of different writers in every age, some
difficultjto read, many clear and good. The language used is not
always the same, the greater part are in Latin ; but a number are
in the old French of the time, and still more preferred their mother
1 Bundle CCCVIII. No. 120; CCCX. Nos. 36, 236.

^ See before, The materials that exist for the further study of the history
p. xiv. of
Gilds in England are rich and various. Not only among the Public Records, such as
the Charter Eolls, the Patent Rolls (which contain much information), the Rolls of
Parliament, and others, should the inquirer seek ; but the local and municipal archives
in numberless places would, there is little doubt, yield much valuable knowledge
to an
intelligent and careful search. A great deal also may be learned indirectly,
while
at the same time the original authorities and sources are indicated by which their
statements can be tested, from those interesting books, many of them monuments of
labour and research, the Topographical Histories. The old Chartularies of Abbeys,
(p. 297), and the muniments of colleges (for example Winchester College see ;
Archeolofjical Journal, vol. ix, p. 69), may also give their contributions. But in
point of comprehensiveness, instruction, and variety, none of these will exceed the
group of Records now, for the most part, first made known.
\\< I tXTBODUCTIOy.
tnnuu<. Tlic fu* utAiicc of the mattoro jrivrn, and thi fulnow with
which the unlinonooi rv act out, var)- in a nmarkuMf tlijjri'O, in
tooM caws only the bareit fwcis Win^ Ht'tit in on a Bmall ntrip
of parthmont, while in othcn* tlio fulncw* of detail covers several
hktffe i^kinH.
It will U ixrhaps usrl'iil Iutc to call att4^ntion to some of the

|innci}Kil fi-atun's, j^lraiUHi fnmi those Upturns, of the old life of the
Cild who made them, the dates of whose foundations raufjê, for the
most i^rt, fnmi early in the thirteenth and throui^Hiout the four-
tcv^nth eonturies. A few, however, date from older times, as in the
cae of Beverley and others'.

llie fundamental idea of the Gild, as seen above, was, that it was
an a>>4Kiation for mutual help, made ])y the people themselves when
and as they found the need for it. Long ago my father wrote that
**
it is an essential characteristic of the system of local self-govern-
ment, that itfi constant tendency is, to bring men together con-
tinually, with feelings of brotherhood; that it affords every oppor-
tunity for the manly asking and manly rendering of sympathy when
individual misfortune entitles to it-; " and these words now tell the
gruree whence the old Gild spirit drew its breath. Thf ugh one
Gild may have set itself one special object, and another a dKHTent
one, yet, running throughout the whole, there are to be found the siime
general ehnracteristics of brotherly aid and social charity; and the
accompanying arrangements necessary to carry these out were things
common to all, and therefore well understood as matters of course.
If, therefore, we do not find recorded of every one that it kept a
fia*>t,or held a " morn-speech," or had a Gild-house, &c., it must be
taken to be because each of these was fo usual a part of a Gild
existence that it was not necessary to mention the fact.
(iilds may be divided into two broad classes (pp. 127, 130), the
Social Gilds and the Gilds of Crafts, which, as has been seen, were
recognized l-y the authority of Parliament, who issued a separate
* See before, p. xxiii.

' Loral ^clf-Government and Centralization (1^51), p. 538.
IXTRODUCTTON. XXVll
Writ for the Returns from each. The Social Gilds were founded upon
the wide basis of brotherly aid and moral comeliness, without dis-
tinction (unless expressly specified) of calling or class, and compre-
hended a great variety of objects; tKe' Craft- Gilds, while sharing
the same principles, were formed for the benefit of the members as
craftsmen, and for the regulation of their craft. The Joiners and
Carpenters of Worcester (p. 208), the Fullers and the Ringers of
Bristol (pp. 283, 288), and the Tailors, the Cordwainers, and the
Bakers of Exeter (pp. 312, 331, 334) are examples of these. There
were also Gilds that were neither wholly Social nor of a Craft (p. 179),
and to these it seems that Gilds-Merchant belonged, as, though we
find them answering to the Writ for Crafts (in the case of Beverley,
p. 150), yet their Ordinances, as in the instance of Coventry (pp. 22S-

232), of Berwick (p. 338), and of Southampton^, often partook of
the character of those of the Social Gild. Sometimes it was begun
by the "communitas" of a town, as in Ibe case of the Gild of the
Holy Cross of Birmingham (pp. 239, 241), but generally the first
founding of a Gild was by some "body of the folks ^'
themselves,
who might sometimes be traders, sometimes not. For instance,
there are the " Shephirdes Gild Young '"*
'^
of Holbech, the '^ Scholars
of Lynn (p. 51), the ^'
Shipmanes Gild '"*
of the same place (p. 54),
the " Peltyers ^'

and others of Norwich (p. 28), the ^'
Poor
Men '"'
of Norwich (p. 40), the
" Tailors " of Lincoln (p. 1 82), the
^'
Gild of the Palmers '"'
of Ludlow^ (p. 193). And it follows from
this principle of free association that, as no wrong was done to any
one and no public responsibilities of individuals interfered with (but
rather the contrary), it is found that the " King's license was 7iot
^
necessary (as is wrongly alleged) " to the foundation of a Gild.
* See the early part of the '

Ancient Ordinances of the Gild- Merchant of the Town
of Southampton,' printed by Mr. Smirke in the Arclinological Joiirnal, vol. xvi.
pp. 283, 343. For a copy of this very interesting paper I am indebted to the courtesy
of Mr. Albert Way.
I find from one note of my father's that there was a Gild at Burgh, Lincoln-
^
shire, founded by some Pilgrims in fulfilment of a vow made by them while tempest-
tossed at sea. Bundle CCCX, 245. MS. note by T. S.

XXVIU 'VTKODI'CTION.
Dngdftle obtprroA that "tlicv wore in uw lon;*^ Wforc any formal

IkwPfW wrrp {puntitl unto thorn '." This mny be provinl by the
example* of Slralfonl-on-Avon (pp. 211. :iS), anil St. George of
Norwich (pp. 17*443)1 oach of which was in existence for many

jCttP* U^forp spcHMa! cireumstanetn* rendennl the obtaininj^* of odicial
oonfinnation ntx^ssan*. The ti'rms of the AVrits for the Ueturnssliow
that this was well underHt*>od^. It seems ])roljal)le that the mistake
han arisen tlirou^jh two things : first, the custom of inserting
their (tild into the Charter when the men of any town got their
rightu eonfimied, as was sivn among the Oikls-Merchant ; and

f
socond, the neo<l that there was for Gilds, like other corporate bodies,
when they wisheil to acquire lands or tenements, tf) take out a
License in Mortmain under the Statute of Mortmain. Several
instances of these licenses taken out by Gilds occur in the following
My father was anxious to correct another very general misappre-

hension, as to how far the religious element entered as an essential
part into the foundation and functions of Gilds . " These were not,"
he has said, *'
in any sense superstitious foundations ; that is, they
were not founded, like Monasteries and Priories, for men devoted to
what were deemed religious exercises. Priests might belong to
them, and often did so, in their private capacities. But the Gilds
were lay bodies, and existed for lay purposes, and the better to
enable those who belonged to them rightly and understandingly to
fulfil their neighbourly duties as free men in a free State. ... It is
quite true that, as the Lord Mayor, and Lincoln's Inn, and many
other as well known personages and public bodies, have to this day
a chaplain, so these old Gilds often took measures and made pay-
Warwickshire (ed. 1730) i. 188.

See notes to pp. 128, 130 ; ako p. 251.
A clear and simple explanation of what a
Paêfl 195, 226, 232, 243, 244, &c.
UceKM mortmain and a trrit ad quod damnum mean was given in Men and Names
in '
0/ Old Birmingham^ pp. 20- 26.

See for example Madox, Firma Burgi, 23-26 ; Herbert's Livery Comx)anie8,
\. p. I.
INTRODUCTION. Xxix
ments, to enable the rites of religion to be brought more certainly

within the reach of all who belonged to them. This was one of the
most natural and becoming of the consequences following from their
existence and character. It did not make them into superstitious

bodies^." Though it was in this way very general to provide more
or less for religious purposes, these are to be regarded as incidental
only ; and this is curiously exemplified by the case of three GfTlds in
Cambridge_, one of which excludes priests altogether (Gild of the
Annunciation^ p. 271), another, if they come into the Gild, does not
allow them any part in its management (pp. 264, 265), while the
third has a chaplain, but if their funds get too low both to maintain
a chaplain and^ the poor brethren, the chaplain is to be stopped
(p. 271). These cases are however exceptional ; and the evidences
of a simple piety and of a faith that entered into the every-day life
are some of the most pleasing traits of the old Gild-Ordinances. It
was not every Gild who could afford to support a chaplain, though
some did so^ j but there were few who did not make some provision
for services in their church, and for decent burial and burial-
services for their members, their care in this last respect going so
far as to fetch the body from a distance if it so befell, and appoint
how the details, various of course in different cases, of the customary
religious rites for the dead should be carried out. The usual course
was for many, or all, of the brethren to attend these services (at
Norwich more prayer was expected of the ^' lettered^' brethren than
of the unlettered, at the dirge, p. 20) ; that wax lights should be
provided at the cost of the Gild, and that each brother and sister
should make an offering for alms and another for masses for the
soul of the departed. Sometimes the lights burning round the body
of the dead were many in number, in one instance very elaborate
funeral rites, with a hearse, are enjoined (pp. 169, 176, 215), in
others, night-watches were kept under curious conditions (pp. 194,
2 1
7). On these occasions, too, the poor were often fed or clothed
"for the soul's sake of the dead^'' (pp. 31, 173, 180, &c.).
* * Old Crown House,' p. 31. ^ See pp. 74, 144, 146, 165, 183, &c.

4XX ISTBOmiTION.
It was tinua) for all the brt-lhivn ami Msin-n to î to ciiurcli on

thr cUv of tlu-ir pviu'nil iiux'tinj">*, U lu*Jir nmsH niul to iimkc ollVr-
inpi. Many of the (tihlH. Um, iiiiÎi' a {xniit of inaiiitainin;>; wax

|...]>. ;,| j],t ohurt'hctf hefore the altar of the Saint who.se iimn
) l:.. J takoii'.
It ia worth noticing who wen* the |Hr8onK who comjMiKed the
Gililti. Scanvlv live out of the live hundred were not foruH'd etjually
of men and of wnien, whieh, in thest times of the discovery of the
lu-xh-ct of ^*8 hea|H.Hl upon woman, is a noteworthy iact. Even

where the atfairs were managed l>y a company of pricKts, women
were admitted as lay members ' ; and they had many of the same
(dutiea and claims ujKm the (jild as the men. The sort of people
who joined together may be somewhat judged of by the names

given Ix'fore^ ; and Chaucer incidentally helps us to understand
them by his description of the brethren who joined the Pil^riniage
to Canterbur}', and who, Iteing all clothed in one livery, mubt have
belonged to the same Gild :
**An Haberdiishcr and a C'ai'])entcr,
A Webbe, a Deyer, and a Tapiser,

Were all y-cluthed in o livere
Of a solemjine and grete fraternite.
Ful freshe and new liir gore y])ickcd was,
Hir knives were ychaped not with bras,
But all with silver WTought ful clone and wel,

Hir girdelcs and hir i)ouchc8 every del.
Wel semed eebe of hem a fayre burgeis,

To sitten in a gild halle, on the deis.
Evcricli, for the wisdom that he can,
Was shapelich for to beu an alderman.

For catel hadden they ynough and rent
And eke hir wives wolde it well assent *."
* As to .Sainto' Names, see the notes on pp. 201, 221.

fiiltl of Cr.qius CliriHti, York, p. I41. Women joined in the foundation of Gilds,
and wi-.et nn well as single women belonged to them. See pp. 155, 159, 160, 455.
* Pli^ zxrii.
Prologue to Canterbury Tales. Chaucer was Clerk of the Work.s in 1389 and
died ID 1400. As to a Gild sending pilj^nms to Canterbury, see after p. xxxvi.
INTRODUCTION. XXXI
That they were popular,, and that a well mannged Gild frequently
grew in numbers and importance, so that persons of all ranks, even
the highest in the kingdom, were glad to join it, is found in
several instances, and is indirectly proved by the founders of the

Gild of St. Michael-on-the-Hill, Lincoln, who were " of the rank of
common and middling folks, not wishing to admit any of the rank
'^
of Mayor or Bayliff (p. 1.78). Of the two lists of names in this

volume (pp. TI2, 453), while both show the number of sisters, the
last is especially interesting because it points out the rank or calling
of so many of the members, and that all classes were alike admitted.
The number of members enrolled by St. George's Gild of Norwich
was very great, as the numerous books and records still existing in
that city bear witness, but they can hardly have exceeded the
number of J 4,850 attained by Corpus Christi, York (p. 142). The
Gild of the Trinity, Coventry, admitted many famous men, even,
according to Dugdale, enrolling Kings Henry IV. and Henry VI.
among its members \ while in later times the Gild of St. Barbara
of St. Katharine's Church, near the Tower of London, could point
out Henry VIII. and Cardinal Wolsey as brethren-.
Each member on admittance took an oath of obedience, and was
received lovingly by the brethren, with a kiss of peace (pp. 6, 9,
189). Two examples of the oath are here given, one belonging
to a purely social Gild of Stamford (pp. 189, 191 note)^ the other
to the Craft-Gild of the Tailors of Exeter (p. 318). The oath

taken by the brethren of the Gild of St. George at Norwich re-
sembles that of Stamford ; it is given by Blomefield in his History
of Norfolk ^. A Gild did not invariably require an oath, as in
that of Corpus Christi, York (p. 141); this was, however, an un-
usual case.
The payments that were made were numerous, and we find
them, among the different Gilds, of an infinite variety. Thus
there was the payment on admittance, sometimes a fixed amount,
sometimes ^' as the masters and he may accord^"* (p. 7), and in
^ Warwickshire, i. 192. ^ Strype's &tow, book ii. p. 6. ^ Vol. ii. p. 734.
\t\n IKTEODI'CTION.
'riit form* ; iiomftiiiui in monoy, nu in the (lilil of St. Boiu'dict,

i.;tu't4n, ix ftliiUing ami oi>:Ii(|H'mM (p. 174), and in St. (imrt^f's
r '!. Nomirh, ix iihillinp* ami ei^^htiH'nco lor a man, tlirce
njiulinpj and fiuir|>*Muv for a woman (]> 450) ; BomctimcH in kind,
a< in the caw of Stn'tlmm, Ely, wluTe every ineonur was to
|Miy two |xmmU of wax and one bushel of barley *. Besides this
entmnet* ftv. there were the house fees, or '
rij^hts of llu* house,"
which were |ymente to the oHicers, such as **
to the Alderman i^/.,
to the Dean i^., and to the wax {d." (pp. ',4, 108, &c.) ; there were
payments " to the lijrbt/' for the feast, <>n tlie death of a brother
or sister, on occasions when help was needed for a poor brother
or one in distress, and othere, all which were i)art of the usual
rejûlations. As various, too, were the arran<ênicnts oi' limes of
payment, in one Ciild so much a year would be a^-recd upon (p. 4),
in another somuch a quarter (pp. 7, 10), as the contribution from

each to the common fund, and in that of Corpus Christi, Hull,
five farthing was to be ]aid weekly by every member (p. 160).
Nor were the people careless, thuuo^h unsparing, of their monies ;
we find frecjuent mention of "the common box" (p. 10), " common
pyx V' or chest (p. 1 39), and the stewards, aldermen, or other officers,
were nxjuired annually to render true accounts of the "catel" and

funds of the Gild. In some Gilds it was an understood thing*, if not
an ordinance, that a brother or sister dying* should leave it a legacy,
for example, the Peltyers of Norwich had no lands, but were partly
supp.rted by legacies (pp. 29, 165, 170, 317, 319).

Everj' Gild had its appointed day or days of meeting, once a
year (pp. ig, 23), twice (pp, 113, 117), three times (p. .58), or four
times (pp. 65, 91), as the case might be, when all the brethren
and sistren, summoned by the Dean or other officer ', met together
to transact their common ailairs. At these meetings, called morn-
speeches (in the various forms of the word), or '^
dayes of spekyngges
tokedere for here comune profyte" (p. 6y)j much business was done,
Bundle CCCUL No. 49. Bundle CCCVIII. Nos. 58, 26. 1
* The "common bellman" went throuLjh the city inNorwich and Spalding. See
ntier, p. 31 : and Bundle CC'CIX. No. 197.
INTRODUCTION. XXxiii
such as the choice of officers, admittance of new brethren, making

up accounts, reading* over the ordinances, &c., one day, where
several were held in the year, being- fixed as the " general day ^/^
The word morning-speech {morgen-spcec) is as old as Anglo-Saxon

times, " morgen ^'
signified both " morning '^
and " morrow -/''
and the orig-in of the term would seem to be that the meetino*
was held either in the morning of the same day or on the morning
(the morrow) of the day after that on which the Gild held its
feast and accompanying ceremonies, and that it afterwards became

applied to other similar meetings of the Gild-brethren. The
practice in several places, though all were not alike, bears out
this explanation (p. 7 ; compare pp. lo and ii ; 30, 40, 80, 97,
176, &c.) One day at least in the year, usually the day of the
saint to which the Gild, if it had a saint^s name, was dedicated,
was more specially devoted than the others to festivities ; by some
it was called the " Gild-day'"' or ^'general'' day (pp. 21, 30, 217,
&c.), it was then that the brethren and sistren being all assembled,
at whatever hour was fixed (prime or otherwise) 3, worshipped
together, gave their alms, and feasted together, for ^^ the nourishing
of brotherly love."*' On this day it was that the brethren and
sistren, clad in their hoods or their livery, assembled at the church,
bearing the lights which formed a universal part of the religious rites,
there to make the prayers enjoined by their rules (pp. 23, iii, 114),
and to consecrate by the acts of faith that brotherly love and
peace which they were sworn to cherish ; they made their offerings
and went their way, perhaps to a morn-speech for settling some
business, or if this were not the custom, they met in good fellow-
ship at the Gild-house *, round the social board. At some of these
^ See, for example, the cases of the Gild of St. Thomas of Canterbury, Lynn,
pp. 80^ 81, and of the Gild Merchant of Coventry, p. 229. See also p. 128, note.
2 See Mr. Way's note (3) to p. 344 of his edition of the Promptoriuni.
^ See pp. 18, 31, 60, 79. The brethren and sistren of the Gild of Holy Trinity,
Lynn, were meet at the place of feasting before going to church, " at what hour
to
shall be declared to them by the sound of the trumpet." Bundle CCCX. No. 38.
* Occasionally the feast was held at the houses of the brethren by turns, " in uno
certo loco ad aliquem domum fratrum vel sororum." Caistor. Bundle CCCX. No. 193.
C
EXIIT IXTUODIITIO.V.
floMts pmycfi wm ignin ofTonHl up (p. 76, ai;), and (lir j)f>aoo-
bl and fr<XHl U'luvioiir of all wan conntantly and Btrictly eiijoinrd.
Some (fildii uouKI allow a jjucst to 1h broujrht (pp. 185 wr?/*?, 219).
Ill ono caie the bnthn'n iniproviHl tlie timo by having their
onlinanct** read over to thoin while at dinner (p. 176).
Tlic Cfild brethrt^n wtre fond on their feast-days of rejoicings
in \Tiriouii procejwions. in which numerous lights, music, and some-

tiine flowiTi* and garlands of leaves were uschI (pp. 30, 38, 1 17, &e.),
and gymU)lic shows had a part (pp. 30, 149, 232). The Gild of
the lord's Prayer at York was expressly set uj) for the purpose
of providing that '*

a play setting forth the goodness of the Lord's
Prayer" should Be kept up and played periodically in the streets
of York*. Tlie day of the procession or "riding'' of the famous
show of St. George's Gild in Norwich (pp. 444 nofe^ 446) must have
been a grand one for the sight-seers of the city ; while the streets
of Leicester 2, York (pp. 142, 143), Coventry, Preston, Worcester
(p. 407), and many more, must have witnessed a goodly sight when
the shows belonging to individual Gilds, or when the pageants
of Gilds and crafts combined, were displayed in gorgeous array-
along them. In the present day, when tlie race of life is to the
swift, and there is scarcely time left for anything else, these popular
pageants are despised, and a barren imagination can see in the last
relic of them, the Lord Mayor's Show, nothing but "a bore."
But it was not so in former times, and the real value of the large
share that the old Gilds had in making England " Merry" is well
fK)inted out in the following lines :
" Each Gild's first steps were
bent towards their church, where solemn high mass was chanted ;
thence went all the brotherhood to their hall for the festive dinner.
The processions on the occasion and other amusements so dear to
Englishmen, when their country was merry England, were meant
* See p. 137, It will be seen that the founders did not confine themselves to this
object only, and their ordinances present " an excellent example of the general
porpoMs of Gilda." IIS. note, T. S.
Thompaon's History of Leicester, pp. 1 49-1 51.
IXTRODUCTION. XXXV
to be edifying and instructive ; and helped religion to make her

children both good and happy, through even their recreations.
This present age, with its stepmother's chill heart, dull eye, and
hard iron-like feelmgs,, that sees naught but idleness in a few
hour's harmless pause from toil, and knows nothing but unthrifti-
ness inmoney spent in pious ceremonial, and thinks that the

God who sprinkled the blue heaven with silvery stars, and strewed
the green earth with sweet-breathing flowers of a thousand hues,
and taught the birds to make every grove ring with their blithe
songs, and told the little brook to run forth with a gladsome
ripple, all in worship of Himself, can be best and most honoured
by the highest and noblest of His wonderful works, the soul of

man, the more gloomy, the more mopish, the sourer it is such ;
an age will not understand the good which, in a moral and social
point of view, was bestowed upon this country by the religious
pageants, and pious plays and interludes of a by-gone epoch.

Through such means, however, not only were the working-classes
furnished with a needful relaxation, but their very merry-making
instructed while they diverted them^/"'
The form that the property of a Gild took depended on as
different circumstances as the amounts were various. Some were
endowed with land at their foundation, or had gifts of land or
tenements made to them, as the Gilds of Coventry, Holy Cross

of Birmingham (pp. 231, 240), and of St. John the Baptist,
Deritend^. Of many it seems to have merely consisted of the
contributions in money or in kind, expended and accounted for
by responsible officers ; others acquired considerable property in
church ornaments, furniture for the Gild-house, goods used in the

plays and shows, &c., as may be seen from many curious inventories
still existing (pp. 233, 320, 327). Some Gilds invested in cows or
oxen, and let them out at so much a year. We are told that the
* Canon Rock's CJmrch of our Fathers, vol. ii. p. 418. The same volume also
contains much curious and valuable information as to old English Gilds, pp. 395-453.
^ Old Crown House, p 34.
C 2
UULVi IXTBOlrCTIO.\.
WarxloiiH of the OiUl of our IauU, Byom (Derbyshire), "out

eluittx boefs et Iw ont ik'uemhiient lowez an iliiierhc ))ers()ni^H pur
y#. pr an.;** nJ they make return of (heir iroi)erty, besides luiiil,
in ao beevet ^
The practical mutiuil charity of the (iill-.'.i)irit is truly seen in
the wav in whieh they di!*|>ostHl of their monies. Cure for the
fittini; burial of dead brethren and sistren, at the cost of the Gild,
wai constantly taken ; help to the poor, the sick, the infirm, and
agvn], to those who had suHered by losses or robbery, and to lliose
overtaken by misfortune, if this were not tliroui^h their own f(jlly
or misconduct, is not less prominent a fraturc in tlie Ordinances.

Tlie weekly jâymcnts to the poor are frequently specified, as well
MB gifts of clothing or food '-.

Sometimes, too, they were to be visited,
at other times entcrtiiined, at the houses of their richer bretliren.
Id ome cases, loans of money from tlie (Jild-stock were made upon
surety bein^ given (pp. 8, ii); in others free loans or gifts were
made to enable the young of either sex to get work or to trade (pp.
9, 156, 2:9) ; while in Ludlow, "any good girl of the Gild^' had an
unconditional dowry given her, if her father were too poor to pro-
vide it (pp. 194, 340). Brethren cast into prison were to be visited
and heliKil to gêt free (pp. 50, 169, 193). Those who were going on
a pilgrimage, whether to the Holy Land, St. James of Compostella,
or to Rome, were helped and honoured (pp. 157, 172, 177); one Gild
even yearly sending a pilgrim to Canterbury -K The Gild-Merchant
of Coventry kept a " lodging house with thirteen beds, to lodge
poor folks coming through the land on pilgrimage or any other
work of charity," with a governor of the house and a woman to
wash the pilgrims' feet (p. 231).
Of the g-ood works done by the Gilds other than among their
own personal members, many instances may be found. It was
* Bundle CCXJVIIL No. 56. A GiM in the parish of Bakewell, Derbyshire,

poMMKed twelve beeves (16. No. 64) and another in Cambridgeshire had also twelve
;
cow, io all cases to be let out. CCCIX. No. 71. See also after, p. 192.
' See especially pp. 1 48. 1^9, 231. Bundle CCCX. No. 49.
;
INTRODUCTION. XXXVll
not unfreqnent for a number of poor to be fed on the feast-day at

the Gild-hall ; thus in two of the Lincoln gilds it was ordered that
as many poor as there were brothers and sisters were to be fed with
bread, ale^ and fish; and in the Gild of Gertonburdych^ Norfolk,
provision was made for the distribution of a certain amount of
corn and barley yearly ^. A Gild in York found beds and attend-
ance for poor strangers (p. 143) ; the Gild of the Holy Cross in ( f)
Birmingham had almshouses for poor people of the town (p. 249 _
^^
note) ; and help to the poor of the town was one of the '^
workis of
'^
charity^'' for which the Gild in the same place called " Lenche^s Trust
was founded (p. 256). Turning from the poor to works of public
usefulness, we find that these same two Gilds charged themselves Jtu^
wdth the repairs of certain highways (pp. 249, 256) ; the Gild of
Hatfield Brodoke, Essex, also contributed to the repair of roads ^
while the Gild of St. Nicholas, Worcester, repaired the walls

and bridge of that city (p. 205). Many Gilds made important / .
contributions to the repair of churches, of which that of Pampes-

worth, Cambridgeshire, is a curious example : some bushels of
barley were given ^^ to put out to increase, for the use and repair
of the church in the said town, which is in poor condition and
partly decayed ; and as of necessity in a short time the top [torf]
of this, called the '

Boof,^ must be made anew, and it cannot
be done without the aid of the Gild, they pray for God that their
goods be not disturbed/'' The Gild of Swafham Bulbek (Cam-
bridgeshire) undertook the ''
repair of the church, and renovation
of vestments, books, and other ornaments in the said church ^/*
The Gild of St. Andrew, Cavenham (Sufiblk), would bear the charge
of repair and sustentation of the church, when necessary, ^êx con-
sensu fratrum et sororum.^' Many others might be named. And
among the good works which the elastic constitution of the Gilds
rendered it natural and fitting for them to take up, was the main- jp-^Cr/
1 Bundle CCCVIIT. No. 75 ; CCCX. Nos. 157, 134.

2 Bundle CCCVIII. No. 59.
3 Bundle CCCIX. Nos. 68, 79 ; CCCVIII. 31,
xwvm IXnODlXTlON.
teiiaiKt* of* (rve m^hool aiul whoolmiurtor, M WM (lne hy tlir (liM
of St Nicliola* in \Voiw8lor (pp. 20^-205), the GiM of Palmers
Luillow ami the famous CiiUl of Kalfiulon* in Bristol

in (p. 198).
(p. iSS).
Tlic povcmmcnt of tlu (JiM, its OfHcers, and its Ordiimnoos or

BviÛwH, wore Imwil on the sjimo prin(M])K'8 as those of the othrr
fn-e institutions of Knirhnul. Tlie (uld liad usually its head oflurr
J or Aldrrnian (JnuMiuanl ; its Stewards (Wardens), into whose

hands tlu' properly nr funds were entrusted for administration ; its
IXiin or Beadle; and its Clerk (pp. 46, 176). These were all
choeon annually, fre<piently ly a secondary election (pp. 71, 97, 266),

and had to render an annual aecount ; every one who refused to
serve had to pay a fine ; the Dean and the Clerk were paid yearly
salaries, and all the officers had special allowances on feast da^s
(pp. 66, 88). Other oflicers were chosen when the need for them
arose (pp. 156, 160, 217). At Lancaster a committee of twelve was
appointed to raanagê the affairs of the Gild, together with collectors
(p. 164). The custom of making* their own Ordinances like the
"Usages" of a Corporation, the "Customary" of a Manor (for
example, Tett^nhall and Bushey, pp. 432, 441), or the " Bye-laws"
of a Parish '

is but another illustration of the old common law
of England, by which, while abiding by the law of the land, men

shaped for themselves the rules that should guide them in their own
community (see p. 348). The Ordinances were frequently read
over, so that none might plead ignorance (pp. 159, 162, 178, 315) ;
and if alteration was made it was done with the assent of all the
brethren and sistren (pp. 8, 11). Tliis assent was also necessary to
business transactions (pp. 246, 271). The Gilds had in their cor-
pr.rate capacity a common seal, of which two examples are figured^.
ITie Livery Companies of London are often spoken of, as though
the "livery" were something peculiar to them. This is, however,
only the relic of a past custom by which every Gild, as is seen in
* See Toulmin Smith's The Parish, pp. 47-51.

* Pp. 207, 250. See also pj). 146, 168, 327.

INTRODUCTION. XXXIX
these Returns,, had its livery of one suit, whether hoods or gowns
or bothj for sistren and for brethren, ordinances being often made
as to the length of time and the occasions when they were expected
to be worn (pp. 43, 56, 446, &c.). The giving of these liveries
by Gilds and other bodies was attempted to be stopped by Par-

liament about a year after the Returns were made, but apparently
with little effect^. That the livery became an outward sign of the
social importance of the Gilds and brotherhoods was recognized in / di iiA
Parliament a few years later, when the use of certain liveries of
cloth were forbidden, '' Gilds and fraternities, and crafts in the
cities and boroughs within the kingdom, which are founded and
ordained to good intent and purpose, alone being excepted "^J'
Two very striking characteristics, the second one universally

expressed among all the bye-laws of all the Gilds, must not pass ^-rj /
unnoticed. The first is the respect for law and its established ?
forms ; the second, the constant sense of moral worth, and the f^^^Zî
endeavour to attain it. " No ordinances shall be made against the /^^t,-^
common 30, 39); "rebels against the laws shall be
law'"* (pp. 1^3, ^-
put out of the Gild^^ (pp. 50, 52) ; " the liberties of the town shall be
upheld'^ (pp. 167, ^^y): sucb was the sort of language used by those
who governed themselves. And when we consider the fact of this
multitude of independent bodies of plain men and women, scattered
all over the land, each bound by ordinances for the attainment
of better demeanour and morality among themselves, who shall say
what England does not owe at the present day to their efforts, and
what might not be still further done by reviving their example
now? Every one who wished to be admitted into a Gild was
required to be of good reputation and bearing ; if a brother became
a brawler or a thief, or committed other offences, he was punished
* Rolls of Parliament, 13 Rich. II., Petition 29.

2 Rolls of Parliament, 13Hen. IV., Petition 38. See also ib., 7 and 8 Edw. IV.,
Petition 41 and the Act 8 Edw. IV. c. 2. Much curious information on the subject
;
of official liveries is to be found in Observations on Four Illuminations, of the time

of Henry VI., by the late Mr. G. R. Corner (1865), pp. 8-16. See after, pp.422,
423.
xl INTROnrtTlOX.
or iumi>i mil oi iiu- Inid. Aiiu'iJ^'- tlio Onlinanccs of the (lild of

St. Anne, in the ohurt'h of St. liawn^nro, Jourv, London, wore the
following- :
*
If anv of the txmiiwnv he of wiekiil fame of hin hoily,
and take other uiviii than h\ own, or if he Ik* 8in^K man, and be
bold a common Kchour or contekour, or relHl of his ton^^tie. he nhall
be wraminl of the Warden thne times; and if hr will not liimself
amend, he shall pay to the WanU'ns all his arrearaê8 that he oweth
to the company, and he shall he put olT for evermore. And ifoiiy
man bo of good state, and use hym to ly lon^ in Ixd ; and at rising
of his bed ne will not work, but [?ne] wyn his sustenance and
keep his house, and gt) to the tiivern, to the w}'ne, t(^ the ale, to
wrastling, to schet>'ng, and in tin's manner falleth poor, and left lils
cattel in his defaut for succour; and trust to be holpen by the

fraternity ; that man shal never have ôod, ne help of companie,
neither in his lyfe, ne at his detlic; but he shal be put otl' for
evermore of the companie'." One brother was not allowed to

belie or wronfj another he did he was fined by the Gild (pp. 55,
; if
8l 95)' Unruly speech or behaviour at the mom-speeches or

towards the Alderman was forbidden, and peaceable, civil conduct
at the feasts was strictly enjoined. In the way of arbitraticm, it
was made a part of the duty of either the brethren and sistren
themselves, or of their oflicers, that if any dispute should arise
between one brother and another, they should do all they could
to "bring them atone,' to settle the quarrel; and not until this
was tried might the disputants go to law. Fines were imposed

upon any of the brethren who should take action against another
without first submitting the quarrel to this ''
Council of con-
ciliation;" and the officers of the Gild were also bound under
penalties to use their best skill to make the peace (pp. 21, 96, 183,
450,4.50^-
The foregoing sketch, though it does not pretend to dwell on all
* Quoted in Strype's Stow, bk. iii. p. 48.

See the pages under " ArVjitration" in the Index, Compare also the method of
Milling disputes in Briiitol and BromfieM, pp. 426, 442.
INTRODUCTION. xli
points, and necessarily leaves untouched many details of interest,,

such as those relating to dress, food^ prices, &c., may serve to indi-
cate the picture of our old Gilds that lies among the Returns of
1389. One thing comes out clearly; that though a Gild might be
founded to carry out some special object, as often was the case, as
for the support of a church, the maintenance of an altar, or a play,
the ringing of bells (pp. 288, 294), the keeping up of Records

(p. 287), or of minstrelsy (p. 294), or for the encouragement of
crafts and trade, the same general features and the same ideas
were common to all, but that these became modified or added to,
according to the special need of the Gild.

A part of the subject, of an historical value, which cannot be
further gone into here, and one for the study of which this volume
furnishes much material, is the relation and connection of Gilds
with the Corporate bodies of towns ^. The authorities and opinions
on this point are numerous and conflicting ; my father intended
that the glance at the part taken ^ by Gilds in the cities whose
Records are given in Part III., the contrast even between
their bye-laws and those of the municipal bodies, together with
the fuller accounts of others, such as the Gild of Holy Cross,

Birmingham, the Gilds of Exeter, of Berwick, and of Coventry,
should be made to elucidate this matter. To this also London,
with her numerous Social Gilds and Craft-Gilds, would have
brought her testimony and swelled the illustration ^. But this,
* Several notes bearing on this subject are on pp. 126, 239, 250, &c. See also, as
showing the connection between the Gild and the town, the Ordinances of South-
hampton before referred to (p. xxvii. note). ^ See pp. 357, 411, 430.
^ Among the Returns, there are several from London Social Gilds, three important
examples of which are now printed. Stow, in his Survey of London, gives the Ordi-
nances of some others of later date, as well as of some of those of which the Returns
remain (Bk. ii. p. 75; Bk. iii. pp. 34, 48, 62, 118, I48). Of three of the ancient
Craft-Gilds of London, the Esterlings, the Sadlers, and the Weavers, curious par-
ticulars may be found in Herbert's Livery Companies, vol. i. pp. 10-17; Madox,
Firma Burgi, p. and

26 ;the Liher Custumarum of London (edition pub. by Master
of the Rolls), Part i. p. 416. The work by Herbert, which treats of the Craft-Gilds
of London and their later exclusive development, is well known.
:
xlii iimoDiiîoK.
with th fartluT tnu'injj of tho hintory of Kn^^'-lish DiMs, and par-

ticularly the utory of their ditrurtion, ami the '*
oonfiHCtttion " of
their pro|HTty under the Act of Kciwanl VI.' (i Eihv. \*I. c. 14), hy
which many were ao entirely niiiuti and sw<pt away, tliat I'vm
their verj* namea and exiHtence have bciMi forgotten -, must he Kft
for a future day.
All that may l>o now done is to jKiint out to the incpiirer that
under the Act for dissolution of Collonfes (37 Hen. VIII. c. 4) the
pcMSKosiiionB of certain fraternities, brotherhoods, and gilds, that had
l*en di^)lved with the eolle^ês and chantries, were vested in the
Crown; and that the King was cnnx)wered to send out Commis-
aioDers to seize the possessions of others, under the i)lea that they
should be "used and exercised to more godly and virtuous pur-
poses/' the Commissioners being directed to return Certificates " in
writing of their doings in the same" into the Court of Chancery
(} 6)'. The Act of 1 Edw. VI. c. 14 went further than this : after
completing the demolition of colleges, free chapels, and chantries, it
proceeded not only separately by name to vest in the King all
simis of money devoted " by any manner of corporations, gilds,

fnitcmities, companies or fellowsliips, or mysteries or crafts," to
the support of a priest, obits, or lights, [which might be taken under
colour of religion,] but to hand over to the Crown "all fraternities,
brotherhoods, and gilds, being within the realm of England and
Wales and other the King^s dominions, and all manors, lands,
tenements, and other hereditaments belonging to them or any
* .See |tp. 196, 203, 249-251, 259. My father's indignation was roused by his re-
earcbei into the story of their fate. In a MS. Note he remark.s that, for the " abolition
of MonastericM [there waa] some colour, and after professed inquiries as to manners
moreorer allowances [were] ma^le to all ranks. But in case of Gilds {much xoider) no
preteooe of inquiry, or of mischief. And no allowance whatever. A case of pure,
wboleftale robbery and plunder, done by an unscrupulous faction to satisfy their per-
tooal greed, under cover of law. No more gross case of wanton plunder to be found
Id History of all Euro[>e. No page so black in English History."
* See pp. 300-203.
' It was under these two sections that the " Certificates of Colleges," sometimes
employed in this volume (see Index), were put on record. See 12, on next page.
INTRODUCTION. xliii
of them, other than such corporations, gilds, fraternities, companies,

and fellowsliips of mysteries or crafts, and the manors, lands, tene-
ments, and other hereditaments pertaining to the said corporations,

gilds, fraternities, companies, and fellowships of mysteries or crafts,
above mentioned" ( 6, 7). Power was given to send out Com-

missioners to survey all ^' lay corporations, gilds, fraternities, com-
panies, and fellowships of mysteries or crafts incorporate,^' and to
assign and appoint, in specified ways, the disposition of their lands
and property. These Commissioners also were bound " to make
Certificate under their seals, or the seals of two of them, at the least,
into the Court of Augmentations and Revenues of the King's

Crown, or into any other Court as is aforesaid, within one year next
after the Commission to them directed, of all manors, lands, tene-
ments, rents, tythes, portions," &c. so assigned by them ( 12)^.

And all the lands, &c. seized under this Act were to be 'în the
order, survey, and governance of the King's Court of the Aug-
mentations and Revenues of his Crown" ( 19). My father says of
these two acts in another place, ^^The Act of 37 Hen. VIII. c. 4,
passed in 1545, put this wanton and wicked pillage of public
property as necessary ^for the maintenance of these present wars ;'
but it also cleverly put into one group ^ colleges, free-chappelles,
chauntries, hospitalles, fraternities, brotherhedds, [and] guyldes.'

The Act of Edw. VI. c. 14, was still more ingenious
I ; for it held
up the dogma of purgatory to abhorrence, and began to hint at

Grammar Schools. The object of both Acts was the same. All
the possessions of all Gilds, except what could creep out as being
trading Gilds (which saved the London Gilds), became vested, by
these two Acts, in the Crown ; and the unprincipled courtiers who
had devised and helped the scheme, gorged themselves out of this
wholesale plunder of what was, in every sense, public property 2."
The original MSS., from which the documents in Part I. and

many of those in Part II. of this volume are printed, are in the
* See previous note.

^ Old Crown House, p. 36. See further, ih., pp. 37-39.
xMr INTKODtCTlON.
I\iWic Rcord OAoe, whore they are known ns '* Misicllnni'ous
UolU. Tower RiHxmln*;** thoy congint of tlmv Imndlt^s, rontaininR:

in all549 nkins or membnuu'j*. Of tlu'w meniln-nnt's, tlir j^rcator
part arr vellum and |Min)inu'nt. My falhor, liowovcr, nia<le the
inton^tin;** diaooYer}' that winic of thorn an* Paper of a vory prculiar
kind, hitherto unknown ^. The doniini'nts liavo a f:nat variety of
ha|>t) and n\T.e, from the Ptrij> tlinn^ or four inches wide and twelve
or fourtivn inche* lon^, and the nearly scjunre ])ieee eijj^ht or nine
inches wide, to the lengthy writin*,^, which lills a lar^^c sheet, or
two, three, or four 8kin8 tacked together, ed<;fe to edfê. A few are
written and stitcluHl up in the form of small books (pp. 40, 44, 262).
They are d. -. r.i.. i ..'< "Certificates of Gilda" in the Third licpoii of the Deputy
Ktrper of Public Jitcunis ^1843).
To the description of thin Paper given by my father, on pp. 44, 132, 1 a<l(l the
foltowinj; extmcUi fnmi a letter published by him in the Jtirminghain Daihj Past of
March 7, 1865. "Tlie introduction of |x,*cinien8 of linen paper into England, is
koown to ha%'e happened in 1342, [Kissibly earlier. Some letters from abroa<l during
that e*rly time are w-ritten on linen paper ; and there is a Register-book which
belonged to the Bbick I*rince, which is of linen paper. [See "he papir," mentioned
on p. 5.] Dut the few instances thus known, are considered to have been the impor-
tation from abroad of a special rarity, which only came, and that not often, into the
bands of the wealthy. The manufacture of paper in England lias been supposed to
go no farther back tlian Elizabeth's time ; but earlier entries have proved that there
WM At least one paper-mill in England as early as Henry VII. Neither the official
QM nor the manufacture of paper, so early as 1388, has hitlierto been suspected. I
bave now proved the former to be a certain fact, and the latter becomes a probable
one . . . [After describing the Writs to the Sheriffs (pp. 127, 130), and the instructions
therein} I find several of these instrur-tions still existing, written upon paper; and
I find that, in several cases, where the answer of the JSheriff was on a separate sheet,
the latter is also paper, though of a different quality, sometimes, from that on which
the imttructions received by him were written. None of the ways in which the
exiiitence of paper can be accountc<l for, as before said, in previously known instances
of the use of linen paper, can explain the use of paper in this case. It becomes
proved that linen pajer was used in public offices in London, and also used by some
of the country gentlemen, who then were Sheriffs of distant shires, at the end of the
fourteenth century. It is difficult to believe that it can have been thus used unless
it were made England
Paper of later times loses its sizing after spme century
in . . .
or two, and becomes and rotten. But this paper, afler nearly 500 years of very
sfift
bad treatment, which has caused the decay of many parts, even of the vellum docu-
ments among which it is found, remains as firm, tough, and sound, as the best
specimens of vellum that remain uninjured among it. No such paper is now made."
;
INTRODUCTION. xlv
These Records were said, in 1842, to ^^ require repair," and indeed,

such has been their unheeded and forgotten condition, that, when
my father first had them out, many of them had to be flattened,
stamped, and prepared for his use. Dirty, eaten away by rats and
decay, many of them partially illegible (though many still remained
in good condition), these Records presented the appearance of having,
till quite recently, lain unheeded and unread for centuries past
and, except in one instance^, my father was not aware that any have
ever before been printed, though, to one or two authors their ex-
istence may have been known. In Memoirs illustrative of the
History and Antiquities of Norfolk^ published in 1854, allusion is
made to the ^^ Returns made into Chancery, in the twelfth year of

Richard II. 's reign, of the original objects, endowments, and extent
of Gilds generally " (p. 142). But when Herbert wrote his His-
tory of the Livery Companies of London, (1837), the existence of

these Records was quite unknown, for, after citing the Writ to the
Sheriffs of London, given on p. 127, from a copy which must have
been preserved among the City Records, he says, "the Tower
Records [of which these Returns form a part], as well as those of
the City, have been diligently searched for the Returns made in
consequence of this proclamation, but none are to le found, except
those which relate to the Ecclesiastical Gilds 2." In Strype's
edition of Stow (1720), though reference is made to the inquiry as
to Gilds in the time of Richard II., and an instance is narrated in

which (apparently) the Wardens of a Gild came before the Chan-
cery personally, to deliver their Return^, this knowledge was
probably gained, like Herbert's, from Records remaining in the
City, no reference being made to those of the Tower.
^ In a paper communicated to the Norfolk and Norwich Archaeological Society
by Messrs. J. L'Estrange and Walter Rye (who obligingly called my father's

attention to it), eight of the Returns from Norwich Gilds were printed, of which all
but two very short ones are included in this volume. Mr. Rye was good enough to
send me a copy of this paper, but I believe the Returns in this volume were all copied
and in type before my father heard of it.
2 Vol. i. p. 36. 3 Bk. iii.
pp. 48, 145.
\K*i iKTKom (Tins.
Tho Ungoagv ami tho writing of tin ""^ luronls Imvu boon noticrd
U'foff (j>. XXV.; of tiic writing", a n*iuarkallL' hjH'cimon i8 tlfHcrihrd
in a noto to p. 175).
Of the Hotiinid thua fxihini;,^ in tiu* l*ul)lif Hocnnl Ollici', tliis
volume eontainti the whole of thos4 that are \vritt4*n in Knj;lish, to
the nunibiT of forty-nine. Tninshitionn and uhstract.s are ^-ivcn

of tome of those that are in Latin and French, and references arc
made to many more. The number of documents is, however, so
grvai that mv father found it imixissible to use even all the extracts
be had intended for this work, and many of interest remain un-
noticed. The Public Kecon.1 Ollice has also aflordcd other contribu-
tions to the history of the Gilds (p. 126), among" which are the
'Certificates of Colleges" (pp. 197, 247, &c.), and other records.
Other sources whence original ÎSS. have been derived, as the

Libraries of Oxford and Cambridge, the British Museum, Munici-
|>al Archives, and private stores, are each acknowledged, and pointed
out in the places where they occur, together with descriptions of
the originals, in the notes appended to each '. Wherever my lather
could, he collated the print himself with the utmost care, in each
case twice comparing it with the original. All those in Part I. and
many of those in Part IL, thus passed under his eye. To those
gentlemen who collated others for him, his obligations are recorded.
In conclusion, there remains the pleasant duty of acknowledging,
* Tlie R^ll of Winchester "Usages" demands a few words here. The note upon
itwas written, and the whole had gone through the press, without either my father
or mynelf being aware that, several years ago, Mr. Smirke had printed in the
A rchfTfJoyical Journal (vol. ix. p 69) a document, in old French, found by the Rev,
Mr. Gunner among the muniments of Winchester College, which is in fact another
vereioD of these " Usages." The age of this French MS. does not seem to be known
with certainty, but it seems to be of nearly the same date as the English one. Both
DiUHt have been taken from the same original, one perhai)S a little later than the
other, as there are several variations between them and the comparison of the two
;
is of much intfrrest, each helj)ing to clear up the obscure passages of the other.
I may say that I shall feel much obliged by any communications from those, in
towns and other places, who have access to original MSS., especiaUy in English,
wliich will help to give further information on the character and purposes of the
Gil Id in England.
INTRODUCTION. xlvii
for my father, the friendly suggestions and valuable loans that

were made to him, both by many to whom he was an entire stran-
ger as well as by personal friends, for which he had the liveliest
feeling. For myself, I must be permitted to express my grateful

sense of the kindness and courtesy which I have met with from my
father's correspondents and friends (particularly those whose MSS.
and books were left in the care of one unknown to them), and other
gentlemen, well known for their literary and antiquarian learning,
with whom I have had communication. Without their assistance,
freely given, what has been to me, though a labour of love, yet
a somewhat difficult task, could not have been accomplished, and to
all of them I beg to offer my best thanks. Conscious of the im-
perfections and omissions that must necessarily occur in my part of
the work, I yet may join in my father's often expressed desire, that
it should be "useful to the people," and to that hope I dedicate the

book, with the knowledge that some at least will believe, " She
hath done what she could."
LUCY TOULMIN SMITH.

HiGHGATE, London,
December, 1869.
ON THE
HISTORY AND DEVELOPMENT OF GILDS,
AND THE
ORIGIN OF TRADE-UNIONS.
PAGE
1. THE ORIGIN OF GILDS . . . IxV-lxXX
2. RELIGIOUS (or social) GILDS , . Ixxxi-xcii
3. TOWN-GILDS OR GILD-MERCHANTS . . Xciii-Cxiii
4. CRAFT-GILDS Cxiv-clxiv
5. TRADE-UNIONS clxV-CXCviii
BY
LUJO BRENTANO,
OP ASOHAFFENBURG, BAVARIA,
Doctor Jv/ris utriusque et Philosophice.
d
[ 750 f>rpnrnic Copies of tliiP Essay lifivc l)orn prlr.ird.]
TO
JOHN MALCOLM LUDLOW, Esq.,
OF Lincoln's inn, barrister-at-law,
ONE OF THE
TRUEST FRIENDS TO WORKING-MEN IN ENGIAND,
THIS ESSAY
IS DEDICATED BY ITS WRITER.
d 1
liii
PREFACE.
In order to study the English labour-question_, I joined,, in the
summer of 1868, my master^ Dr. Engel, Director of the Royal
StatisticalBureau at Berlin^ on his journey to the English
manufacturing districts. But after a few weeks' inquiry, I
was convinced that a thorough knowledge of the position of the
English working-classes would require a sojourn of months in
their country. I therefore resolved to remain longer in England.
Working-men's Associations of every kind, and the History of
Labour in England, became the chief objects of my study. At
last, in May 1869, I left England^ with my portfolio full of the
materials I had collected. But I had scarcely returned home,
when I was asked by Mr. Furnivall to write a General Introduc-
tion to Mr. Toulmin Smith's work on English which he
Gilds,
had left unfinished at his death. As I unfortunately had not
had the honour of knowing Mr. Smith personally, and therefore
knew nothing of his ideas as to Gilds, I at first hesitated to accede
to Mr. Furnivall's request. My scruples increased when I con-
sidered that I was work which ought to have
to undertake a
been done by a man of great learning and repute. And, indeed,
now that my work is finished^ I am so fully alive to its many
deficiencies, that I greatly fear my undertaking this work will
be thought by many, too daring. But I hope the fairness of the

reader will not let him measure my essay by his conception of
what such an outline as the present ought to be. I can only
say that for many years past I have been deeply interested in
what I offer" here to the reader is the result of
this subject, that
much hard work and of many laborious personal researches in
Libraries and Becord-Offices, and that I have put forth my
results in the best way I could, seeing the short time allowed
me to write this essay in.
liv PUKFACK.
Tlio rx^'i*>n why 1 finally ri\(lvt'<l tn roinj.ly with Mr.

FuniivaUK nijui^t, notwitlistantlin^" my lusilatioti, was, that
1 owe izrvai thanks U> my Kiij1ihIi frirmls who had <lniwn his
ttcDtion to me. had K*nrnt so much from thim <lnrinf; my
I
tay in England, that whon an o<Taiion propontod itself to rcjmy

them in Rome way hy a work which mi^ht he of use to them,
I flit ohli^^nl to (lihr<\Lînl any jicrsonal considcnitions. On
acceding- to Mr. FurnivaU's di-sirc, I ohscrvcd however, that I
niUBt write my esay quite iiidepeiulently, witliout eonsidrration
as to what Mr. Toulmin Smith would have said in his Intnuhic-
tion. He would j>r<>hahly have dwelt more fully on En^lish
Gilds only, and wouM have broug^ht forward more direct infor-
mation as to them than I should he aide to do. I, on the contrary,
WUB if<|ueste<l hy Mr. Furnivall to treat on Continental C/ilds
as well aiii Enj^lish. And 1 eomjilitnl with his request with the
more plea>ure, as I l>elieved that illuirt rat ions from the Continent
might often help students to understand the development of
n<^lish Gilds, where clear and direct accounts of them are
wanting*. Often, indeed, the Gilds on the Continent differed in
development and circumstances from those in England, as I have
repeatedly pointed out in this essay. But I strongly believe
that the continual intercourse between the towns of the several
trading countries of the Middle Ages, kept up especially by the
Ilanse Towns, may not have been without influence in producing
a general similarity of development of burgensic them all.
life in
What I offer to the reader in the following pages is by no

means a history of Gilds, complete and exhaustive. My desire has
been simply to give a clear idea as to what the various kinds of
Gilds wêre, and to sketch in free outlines how each kind of Gilds
originated, grew powerful, and degenerated; on which the Gilds
of another class of citizens took their place. I have always taken
8f>ecial care to point out the analogies between the old Gilds
and those existing in our days among working-men, the Trade-
Unions and I shall indeed consider it the greatest reward for all
;
my labour spent on this work, if it contributes to set the Trade-

Unions in a truer light.
Throughout the whole essay I have most conscientiously re-

PREFACE. Iv
ferred to the sources of my statements, and to the various authors

to whom I am indebted. I am very sorry that, when writing-
the essay, I was not acquainted with the works of Mr. Toulmin
Smith quoted by Miss Smith in her excellent Introduction.
Before concluding, I wish to express my sincere thanks to all
those who have helped me in my work, especially to Mr.
Fumivall. He has with great zeal and kindness revised the
translation of my essay and the proofs ; and has besides added,
from early English literature, a few notes in illustration of
my text. He also procured from Professor Stubbs the com-
munication as to bondmen in towns, in the Additional Note 3 ;
and has drawn my attention to a few points which wanted
further explanation for the English reader. I have made some
additional notes on these points, which follow the Preface, namely,
as to the origin of Gilds, as to my appellation Religious Gilds,
and as to the companies of bond-handicraftsmen. I wish to
thank, besides, especially Mr. J. W. van E-ees Hoets, M.A., of
Trinity Hall, Cambridge, and the other friends of Mr. Furnivall
and myself who have helped in the translation of parts of this
essay. It was hard work that they performed^ and they did it
well.
L. BEEJSTTANO.
ASCHAFFENBUBG. Jaw. 2IS, 1870.

Ivii
NOTES.
T . Note to p. IxxiVy as to the Oriyiii of Gilds.
Mk. Furnivall asks me to make much more emphatic my statement

as to England's being the birthplace of Gilds. He thinks besides, that
my derivation of the Gilds from the family, contradicts the supposition
of the origin of Gilds in England. He writes accordingly to me
:
" I certainly suppose your Part I. to mean that the Gilds were

developed well in early times indeed, on the Continent and brought
over here with the Anglo-Saxon settlers. You do not say so in exact
words ; but your terms as to family-life, and neighbours meeting
at sacrificial feasts, imply an earlier stage of civilization, more of a
growth in Saxon wilds, than the (more or less) organized bodies of
immigrants here were in, or had."
Now, I wish to declare here most emphatically that I consider
England the birthplace of Gilds. But, at the same time, I wish to deny
quite as emphatically, that what I have said on p. Ixix as to the family,
implies a stage of civilization before the immigration of the i^nglo-
Saxons^ I refer here once more, as I did in the note on p. Ixix, for my
statements as to the importance of the family among the German
tribes, to the work of the greatest living master in German history,
to the Deutsche Verfassungsgeschichte by Waitz. The reader will
find there, that even after the German tribes had settled in fixed
abodes, the family was of importance even within the community,
which was founded then on the mere local relation of neighbour-
hood ; and that this importance still continued when the division
into hundreds not only existed, but was even prevalent. When
the community based on local relations, and no more on kinship,
came into existence, all the political interests fell at once into its
sphere. But all that regards the relations of private law the legal
protection of life, limbs, and property
was still for a long time provided
for by the family. The Frith-Gilds, however, were only to take the
place of the family as to these relations of private law, and not as to
its long extinct jôlitical importance. The Frith-Gilds, therefore, did
not come into existence contemporaneously with the origin of the
community based on local relations, and with the formation of the
State, but only later, when the family began to lose its importance
in matters of private law also. But the family had undoubtedly still
this latter importance when the Anglo-Saxons came to England ; this
* *'
But Saxons acorded for no J>ynge
\)e
pat Anglys schiild be êv kyng

Jje ;
pey hadde wel leuere, J)e Saxons seyd,

pat ]>e lond were in partis leyd,
pan pe Anglys of |je out ildes
Schulde be chef of alle êr gyldesJ"
1338 A.D. Robert Manning of Brunne's Stori of Emjlande, ii. 511, 1. 14741-6. ed.
F. J. F. 1870. [He is speaking of the settling of the Angles in Eat-Anglia.)
Iviii suThA.
ii proved by ll* vrnr Uwi of Inn niu! Alfrtxl which I fpetk of on

p. Uxiv. Accunliiij; to thcni, thepotcmiil am! motrnml rrlntivca of on
offendrr arc rtw|K)iiMl>lo in the firvt tlc^^rco fur his crime.
a. Xolf to pp. txjrjcriy /xtot-m', on Uie nanis " lifJigioxu Gihls."
km I sec from note aihlitl hy Mr. Furnivnll on p. Ixxxvii, I was

trn'Uj in '
ion {wv p. Ixxxvi) i\n to tlie rcjixoii wliirli in<lucc(l
Mr. Ti'u:: :..:.i to change the hitlirrto uhuuI name " Ileli-
gioua" into " S(eiiil" GiliU. Hut Mr. Furnivall is equally nilHtaken as
to my rwiM>ns for maintninin;^ the ohl ajijKllation. As lie tlioufjht,
however, that these reastms were to be souglit for in connexion with

the fact of my being a Uoninn -Catholic^ and as ho has even asked me
to is faet to my readers, in order to caution them afâinst my
prij.. . I wihh only, while doing this, to add a few words more on
the real rea.s*n8 for my calling these Gilds " Religious."
Now, to call the sjiid (Jilds " jêligiou.s" because of their ornament
of a saint's name would seem to me quite as "monstrous" as to
Mr, T. Smith or to Mr. Furnivall. if this had been my reason, I
should certîinly call by the same name all or most of the other CJilds in
the Miihlle Ages, besides those in (juestion, as well as the Trade-Union of

the Knights of St. Crispin in Massachusetts, referred to the other day
by the SjêcUUor. This would simply be to ridicule the word
" religion." I took this wtird in a much larger sense in the sense it
bad when tlie old Gilds existed. I fully agiec with Mr. T. Smith, that
the objects of the siiid Gilds were social ones. But the exercise of these
%'ery social duties, to which the Gild brethren were bound by the Gild
statutes mutual a.ssibtance, the aid of the poor, of the helpless, the
sick, of strangers, pilgrims, and prisoners, the burial of the dead, and
even the keeping of schools and schoolmastei^s was considered, in the
time when these Gilds existed, as an " exercise of religion," ohsequium
reluponis, as llincmar calls it (see pp. Ixxxii, Ixxxiii). These deeds were
considered but the j)racticc of the religious maxim, " Love thy neigh-
bour as thyself;'' and most of them were taught to the people of the
^liddle Ages in a classification invented by the scholastics \ as the opera
corj/oralia misencordice. Now, it can be easily understood that the
people who considered the objects of these Gilds as " religious," gave
the same name to the Gilds themselves which pursued these objects.
In maintaining this name, I simply followed the example set by the Pro-
testants as well as Koman-Catholics of all countries wlio have hitherto
written on the subject. My reason was partially that I thought a
historical treatise ought to give its subject its historical name but espe- ;
cially, as I pointed out on p. Ixxxvi, that I feared that to call these Gilds
"Social" Gilds, might mislead men to the opinion that the other kinds
of Gilds were based on other than the same social principles on which
these Gilds rest. How the bad morals of the Roman clergy in the four-
teenth century in England can prevent any one from calling the Gilds
* They founded it on Matt. xxv. See S. Thomce 8umnva T/ieol. ii, 2. qu, 32.
art. 2.
NOTES. lix
existing among the laity from the days of Hincmar to the Reformation
" Religious," I am at a loss to understand. If the clergy were so little
religious, I would rather refuse the name of " Religious " to the Social
Gilds existing among them, to the Gilds of the Kalenders. Yet Mr. Fur-
nivall thinks that these last-named Gilds must be
called so. But I am
told also by another friend, that the sense of the word " Religious " is
to-day different in English from the sense in which I used it, and that
it would mislead the reader as to the character of the said Gilds. I
therefore fully agree to the addition made by Mr. Furnivall to the
title of my Part II., for certainly the main objects of these Gilds we
should to-day call " Social."
3. Note to p. cxiv, on Bondmen in Towns and their Companies.
Mr. Furnivall thought that the existence of bondmen in towns and

of the companies into which they had been ranged by their masters,
was a fact yet so little known to the English public, that a more
detailed note on them would not be out of place. I therefore give
a short statement as to the inhabitants of Worms, according to
Arnold ^
At Worms there existed at the begiiming of the eleventh century
the Community of the Manor of the Bishop (die hofrechtliche
Gemeinde des Bischofs) on the one hand, and on the other the Com-
munity of the Old Freemen. To the former (the so-called familia
S. Petri) belonged the ministeriales, Jiscalini, and dagewardi (villeins).
The villeins were obliged to render common services to the bishop,
either as coloni (villeins on the country manor), or as operar'ii (handi-
craftsmen). Their bondage was exceedingly mild. The amount of
their wergild is not stated ; but there is no doubt that it was paid
entirely to the Church. The marriage between the dagewardi and
the Jlscalini was a morganatic one ; the children of it became dage-
wardi. The larger part of the later handicraftsmen sprang from this
class of villeins. They were ranged, according to the kind of their
services, into unions (societates), which had an episcopal ministerialis
as president {minister). These unions, later on, developed themselves
into Craft-Gilds. The villeins who did not work as handicraftsmen,
served as coloni on the estates, where they were under the super-
intendence and jurisdiction of a minister loci, like the handicraftsmen
under that of their president. Next to the villeins came the Jlscalini,
so called because originally servants to ihefiscus, and belonging to the
royal palace. They rendered no common services, but services at
court and in war. They too were ranged into societates. But their
unions soon became extinct. First in the familia were the minis-
teriales. In opposition to these were the old freemen, who always
preserved their privileges of rank before the bond- handicraftsmen, and
who, later on, developed into patricians.
* Arnold's Verfnssungsgeschichte der deatschen Freistddte, vol. i. pp. 66-69.
Compare also the more popular treatise of Barthold, Geachickte der deatschen
Stddte und des deatschen Bmyerlhums, vol. i. pp. 77, 78, 148, 149, 280, and others.
U NOTK8.
Aa ihrrp may W
but few Kii^linhincn wlm kmw timt in Kn^lainl
ibo Tillcins cxinttxl in towna. I inwrt Iut n n<ito of i>nc of tin* Ik-mI
Multllc-Apc nun in Kn^luml. tlir Krv. PmfcsRor Williiini Stuhlm. of
Oxfur\l. who kimlly nvnt t* Mr. Furnivull tliiH luAc in anwrr to IiIh
question on the |Hint '* :

In all t\vnH not cJuirtrml there w)ull he a
claiw of rilfaiti exactly the wune an in the country nuuiorH. The force
of ' '
tlnp' wouhl of o)urKe vary, penerally. very much from any-

tl. iie kinil on the ('ntinent. lUit aw ori;,'inally all totniA were
in demeiine of sunie lord, liinhop, or kin;^. all the inhahitants would l>o
lem ihoii free : nnd even where some hail oltainel the dignity of
6Miy(i4/e = MKatge tenure, still, until the town was freed hy a charter,
there would !e a lar^je residuum of riV/nni, whatever the hardnhip of
EnglUh villeiiage may have heen."
4. Xole to p. Ixxxir, note i.
Mr. Ludlow answers this note ns follows

" I bcfj leave to say,
:
that I am |>erfeclly in earnest in saying that tram])-m(>noy in all pro-

bability is the mcxlern representative of the relief to i)il;,'rim-artificer8 ;
not that all pil'H'iiii-ftrtificers were workmen on the tramp, because I

believe, with y<tu, that these were a rare phenomenon in the fourteenth

century th<ugh I believe some were but because I believe that this
kind of pllj,'rima;:e tended necessarily to supersede the other, and
therefore would natundly iidurit its advantajês. Your reference to
the 12th H. II. e. 3 is correct ; but if you want a counter authority, see
the 25th Edward III. St. i. c. 7, which shows that artificers' also were '
exi>ected to flee
'
from one county to the other in consef|uence of
'
tlie law itMrlf. Now a pilgrimage to a shrine would evidently be the

safest colour for such a migration ; under all circumstances it would
afford the l>est safeguard against hjcal exactions and maltreatment.
See also as to the abuse of jiilgrimagc the i2tli R. II. c. 7."
This explanation is ver}' ingenious. Yet it does not convince me.
Tlie artificers whom the 25th Kdw. III. expects to flee from one county
to another, .seem to me not to have been town-artificers. They were,
in my opinion, artificers working on the country manors of lords. Each
country manor had in the Middle Ages its own artificers, who supplied
the common wants of their lords, whilst the latter resorted only for
their more refined wants to the craftsmen of the towns. This ex-
planation of the Act in question seems to me the more prol)ablc when
we consider that all Statutes of Labourers iu the ^Middle Ages were
framed especially with regard to the powers and wants of the landed
projjrietors, the feudal lords. In towns, labour was generally regulated
by town-ordinances. Besides, we must remember that the exercise
of a craft in towns depended on having served an apprenticeship in
such towns, and on citizenship (see p. cxxix). A fleeing craftsman
would not therefore have been admitted into tov>ns to carry on hi.s
craft. Such fleeing to towns therefore would have been useless.
;
Ixi
CONTENTS.
I. THE ORIGIN OF GILDS.
The three oldest Gilcl-Statutes, pp. Ixv, Ixvi. The essence of the
Gilds as manifested by them, p. Ixvii. Investigation as to where this
essence is first found, ib. The name of Gilds first applied to the
feasts of the German tribes in Scandinavia on political, religious, and
family occasions, ib. Meaning of the word Gild ^, p. Ixviii. Importance
of the family among the German tribes, p. Ixix. The essence of the
Gilds taken from the family, p. Ixx. This essence already to be found
in the heathen sacrificial assemblies, pp. Ixx, Ixxi. Also in the sworn
confederacies of the Scandinavian warriors, p. Ixxi. Wilda's and
Hartwig's opinions as to the origin of Gilds, p. Ixxii. Influence of
Christianity on Gilds, p. Ixxiii.
* Mr. Hensleigh Wedgwood's derivation of the word is as follows :

" GuiLD.
Danish glide, feast, banquet, guild or corporation Platt-Deutsch glide, a company,
;
corporation, society of burghers meeting on stated occasions for the purpose of

feasting and merrymaking. The primary meaning is a feast, then the company
assembled and the same transference of signification will be observed in the
;
word company itself, which, signifying in the first instance ' a number of persona
eating together,' has come to be applied to an association for any purpose, and, la
the case of the City Companies, to the very associations which were formerly
denominated Guilds.
" It is a mistake to connect the word with the German geld, payment. The
real derivation is to be found in Welsh gioyl, Breton goel, gouil, a feast or holiday,
gouella, to keep holiday ; Gaelic (with the usual change from the Welsh gw to /
initial), feill, a feast, holiday, fair or market ; Manx fealley, festival, sacred,
hallowed. The Irish fell, or feighil, is explained the vigil of a feast, sometimes
the feast itself, leading to the supposition that the word is a mere corruption of
the Latin vlgilice. But the Welsh and Breton forms could hardly have been
derived from that origin, and we find a satisfactory explanation in a native root,
Welsh gwylio, to watch, be vigilant, to look for ; gwyled, to behold, to see
gwylad, keeping a festival, the notion of keeping or observing being commonly
expressed by the figure of looking. Breton gioel, look, sight, action of seeing.
In a similar manner, from wake, to be vigilant, to watch, we have the waJces, the
festival of the patron saint ; Welsh gwyl-mabsant, German Tcirchweihe (weihen, to
consecrate), where the ideas of waking or keeping, and consecration or holiness,
are connected together in the same way as in M-smx fealley.
"The Dutch form guide, a feast (populare convivium), also a guild or corporation,
closely resembles the Gothic dulths, Bavarian duld, a feast :Osterduld, Easter.
In modern times duld is applied to a fair or market, commonly kept on the saint's
day of the place. Dulden, like Breton goelia, to solemnize. Tuldan, celebrare ;
Udillh, solennis.
Kero in Schmeller." English Etymology, i. 191-2. (F.J. F.)
;
Irii rovTRNTs.
"' ' '

tVuMont to alTnitl \c^n\ |rotorti)n,
%i .1 iiriM> to tnUc itM |tliUM, |). Ixxiv.

Finit in Knv;lni'. ib. They nxv lopilly nH^%niin<l in tlie Iiiwk of Inn
m ' '" ' ' ' .
'"inlovelojHtl in tlu' tiinr of AtlK'Istan. i*))
Ixxiv,
I\
(i on till* Continent, ]). Ixwi. Tlu' irusonH of
thnto |iruhiliit4on. pp. Ixxvii-lxxix. All kimU of (lilds uHho in times
.f
'
\. (fililH Bill rfn on the ('t)ntinent. j)p. Ixxvi,
Ix I fin*t coni iH of hiWouivrs iigainst their
nutstcrft, p. Ixxix.
Cliief rult of tho in<juiry into the ori^^nn of the OiMs : tlic Kiiniily
the rvhet)-]>e of Gihis, p. Ixxx. The tii^t (Jilds were the Ueiigioua
ones; the next, those for the maintenance of Justice, ib.
II. RELIGIOUS (OR SOCIAL) GILDS.

Oriijin of t^ V '\:ious Gilds, p. Ixxxi. The Capitulary of Ilincmar
of 858 as to i
_, IS Such
Gilils anutn;^ laymen, j>j. Ixxxi, Ixxxii.
Gilds numerous in till countries durin;; the Middle Aê8, p. Ixxxii.
O'
'
f these Gilds, pp. Ixxxiii-lxxxvi. My reason for callini,' them

111.- <. p. Ixxxvi (and Notes, pp. Iviii, lix).
. . Members, livery, feast-
inpi, orgjiuiz-ation, p. IxxxviL
Capitularies of tlie year 858 as to priest- mcetinj,^ on the kalends
of each month, p. Ixxxviii. The name Gilds of the Kalendeus ex-
plained, ib. Objects and organization of these Gilds, pp. Ixxxix, xc.
Influence of the Reformation on Reli;,Mous Gilds, p. xc. The Gilds of
the Kalenders in Denmark after the Refonnation, pp. xc, xci. Modern
descendants of the Religious Gilds, pp. xci, xcii.
III. THE TO^VN.GILDS OR GILD-MERCHANTS.

Tlie Frith-Gilds are formed esj)ecially in towns, p. xciii. Such
Town -Gilds exist in England, p. xciii France, p. xciv ; and other
;
Continental countries, p. xcv. A Gild-brother's murder is revenged by

the Gild on a king, p. xcvi. The Town-Gilds become aristocratic
new Gilds arise; the "sworn" Gild becomes the "highest" Gild,
pp. xcvi, xcvii. The " highest" Gilds in Germany, pp. xcvii, xcviii
in England Canter]>ury, p. xcviii, London, j)p, xcviii, xcix. Union
:
of the " highest" with the later Gilds at London, p. xcix, and Berwick,
pp. xcix, c. Similar processes on the Continent, p. c. The Skanor
Gild-Union, ib. The German Town-Confederations were Gilds, with
corporations as members, p. ci.
The Statutes of the Frith-Gilds which stood at the bead of towns,

pp. ci-civ.
* See Note, p. Ivii.
CONTENTS. Ixiii
The members of these Town-Gilds were merchants. Town-Gild =

Gild-Merchant, pp. civ, cv. Mercantile regulations of these Gilds,
p. cvi. Craftsmen originally members of the Town-Gilds. They are
excluded when the burghers grow wealthy, p. cvii.
The development
of the Frith-Gilds, p. cviii. Their degeneration,
and oppression of the Craftsmen, pp. cviii-cx. Their contests with
the rising Craftsmen, p. ex. The Craftsmen's victory, p. cxi. The
transit of power from the Old Burghers to the Craft-Gilds in
England, pp. cxi-cxiii. Degeneration of the Town-Gilds in Denmark,
p. cxiii ; in Germany, ib.
IV. THE CRAFT-GILDS.

Controversy as to the origin of Craft-Gilds, p. cxiv. Their origin,
pp. cxiv-cxvi. The first Craft-Gilds those of the Weavers, pp. cxvi,
cxvii ; perhaps in Flanders, p. cxvii. Transformation of the com-
panies of the bond-handicraftsmen into Craft-Gilds, pp. cxvii, cxviii.
The confirmation of the Craft-Gilds becomes of importance to them,
p. cxviii. Opposition of the Old Burghers against the Craft-Gilds,
p. cxix.
Examples the London Weavers and others, pp. cxix-cxx.
Who elected the Masters of the Craft-Gilds, p. cxxi. Triumph of
the Craftsmen over the Old Burghers, p. cxxii. The industrial policy
of the Craft- Gilds, pp. cxxiii, cxxiv.
The constitution of the Craft-Gilds. Its elements, pp. cxxiv, cxxv.
Their government, pp. cxxv, cxxvi. Rattening, p. cxxvii. Every
craftsmen was to belong to the Gild, p. cxxviii. Their income, ib.
Their rules, pp. cxxviii- cxxxi v. i. Those for securing good quality
of work, pp. cxxix, cxxx. 2. Those as to the temporal and eternal
welfare of the members, pp. cxxx-cxxxiv. Unions among crafts of
kindred nature, pp. cxxxi v, cxxxv.
The position of the journeymen before the degeneration of the Craft-
Gilds, pp. cxxxv, cxxxvi. The beginning of the degeneration of the
Craft-Gilds. The capitalist spirit begins to prevail in them, pp.
cxxxvii-cxl. Position of the journeymen in the fourteenth century,
pp. cxl, The plague of 1348, p. cxlii. Its results in towns.
cxli.
Differences among masters and men, p. cxliii. The building-trades in
the Middle Ages, p. cxliv. Journeymen fraternities, p. cxliv. They
are prohibited in London, p. cxlvi. The government of the English
journeymen at that time, pp. cxlvii, cxlviii.
Progress of the degeneration of the Craft-Gilds. They become more
and more societies for the investment of capital in England, pp.
cxlviii-cl ; Germany and France, pp. cl, cli. Influence of this change
of character on their organization, pp. cli, clii ; on the position of the
journeymen, p. cliii. The organization of the journeymen in Germany
and France, and their fraternities in the sixteenth and thence to the
end of the eighteenth century, pp. cliii-clvii. Strikes recognized by

Uiv CTVTKNTR.
thr CV1ft-0^l^l^. y roi. VUr |M)Fitinn of tin* Kn^liMli jotirncviiun

tluring tluit lime. pp. clvii-clxi Tin* linth of the (nift-CiiltlH. pj).
clxii-clxtr.
V Tin: oinciN of tiiadk-unions

Tmclo-T'nioni* tlu* HUcrfssoi*s uf tlir <M (tihls, pp. clxv, clxvi. Their
oriû liHit lu'vor yi't Ihhmi historinilly iiivoHti^nitod, j). clxv. Jn-
diurtrial urgnuiuition acconlin^ to tlic ."^tli Kli/. v. 4, ]). (*Ixvii.
Inquiry into the t>tAte of tmdeH when thin orûii/iition was dissolved.
I. Tmdcs iiiulor the 5th Eliz. c. 4. Thr WooUcn-iimnufacturcs,
pp. clxviii-clxxviii. luirly oonihinations in this trade on refusal of the
justiivs of the j>oaco to assess waôs, j)p. elxviii, elxix. Descrijition of
tlu* WtKilh-n -numufaetureH in the eighteenth century, pp. clxix-clxxi.
lieînuinj; of tlje chanjês in this state,
j)]). clxxi, clxxii. 1796, " Insti-
tution" of Halifax for opposing them, p. clxxii. Eflects of these
changes ou the position of the journeynien, p. clxxiii. Trade-Society
in 1802, p. clxxiv. "Institution" in 1803, p. clxxv. Dissolved in
Il-'OS, p. clxxvii. Repeal of the 5th Eliz, c. 4 for the Woollen-manu-
factures, ib. Com])ination8 and Trade-Unions of the Liverpool Ship-
wrights, of the Hatters, and the Tail(rs in the eighteenth century,
p. clxxviii.
II. Trades.
Incor]>oi*ated
Framework-knitters: Their charter,
p. clxxix. C'omhinations in 1710, j). clxxx. Illusory attenijits of the
corporation to enforce its charter, pj). clxxx, clxxxi. Trade-Union
among the journeymen, p. clxxxi. The journeymen petition Parlia-
ment. Their mi.serable condition. Their liills refused, j)p. clxxxii-
clxxxiv. The consequences, p. clxxxiv. Position of the journeymen
after 1780, pp. clxxxiv, clxxxv.
The Cutlers in Sheffield. Combinations and Trade-Society at

Sheffield, p. clxxxv.
III. Trades not regulated ]jy the 5th Eliz. c. 4, nor by charter.
The Calico-printers and their Trade-Union, pp. clxxxv-clxxxviii.
The Cotton-trade, p. clxxxviii.
Trade-Union in the Silk-trade, pp. clxxxix-cxci.
Repeal of the 5th Eliz. c. 4, pp. cxci-cxeiii. The consequences,

pp. cxciii-cxcv. Results of this inve.'^tigation, pp. cxcv-cxcvii. The
origin of Trade-Unions analogous to that of the Frith-Gilds and Craft-
Gilds, p. cxcv. Further analogies between Trade-Unions and Gilds,
j>p. cxcvii, cxcviii. The Moral, p. cxcviii.
Ixv
I. THE ORIGIN OF GILDS.
The and detailed accounts which we have of

oldest reliable
Gilds come from England tliey consist of three Gild-statutes ^.
;
According* to the latest investigation ^ into the origin of Gilds,

the drawing-up of all these statutes took place in the beginning
of the eleventh century. In the case of one of these Gilds, there
is no doubt whatever as to the accuracy of this date. This Gild
was founded and richly endowed by Orcy, a friend of Canute the
Great^ at Abbotsbury, in honour of God and St. Peter. Its
object, according to the statutes, appears to have been the sup-
port and nursing of infirm Gild-brothers^ the burial of the dead,
and the performance of religious services, and the saying of
prayers, for their souls. The association met every year, on the
feast of St. Peter, for united worship in honour of their patron
saint. Besides this, there was a common meal; and in order
that the poor might also have their share in the joys of the
festival, they received alms on the day of the feast ; for which
purpose the Gild-brothers were obliged to furnish, on the eve of
the day, contributions of bread ^^w ell boulted and thoro ughly
baked.^^ Guests were only admitted to the common meal by
"permission of the Master and Steward. Insults offered in a
malignant spirit by one brother to another, were punished on
the part of the Gild, and had also to be atoned for to the
insulted. He who had undertaken an office, but had not pro-
perly discharged its duties, was severely punished.
The Exeter Gild, whose statutes have likewise been preserved,
was of altogether the same character ^. Here, however, association
^ See these in Kemble's The Saxons in England, vol. i., Appendix D; and
compare with them the translation in Eden's State of the Poor, vol. i. p. 591, &c.
2 Hartwig, Untersuchangen uher die ersten Anfdnge des Gildewesens, in the
Forschnngen zur deutschen Geschichte, edited by Waitz, Gottingen, i860, vol. i.

P- 136.
3 See also the Introduction to Mr. Smith's Gilds by Miss L.T. Smith, p. xvm.
e
Uvi ^ I. TiiK ociaiN or gilus.
for the of wttrnhip nnd pniyer htamls out inn' pro-

piir]i>e
niinrntlv as of tlio hnithcrluMKl tlian in tlio fonnor
tlio objiH't
OMe. iDree timc8 a vt*ar the (iiKl-hr.thTs ^si>inl>l(Hl to wc.rsliip
* "^^rr for the well-U'in;; ol' tlu'ir liviii;^ ami (h':nl ft'll>\v-
.TH. HiTi, aUo, evrrv nwrlj wrvire \va>. lollowjtl ly a meal
in oominon. AVhen any hn)tht'r iliod, evory iin'mlKr was olli;^n'il
to ivrform s|H'<Mal tlrvotioiis lor thf <h'|ait4'<l soul. The niulual
can? of iJic (iiM-lrothors was, inort'ovrr, bhown by moni'v-con-
trihutions in r;k<(> of dcatli, and in the 8U{)]K)rt of those who
went on a journey, as well as of those who luid suflereil loss hy
fire. Punislunents were deeri'tnl for insults ollcred hy the Oild-
brotliers to each other, as well as for not rullillin*^ the duticd
iuii><std on them by the Gild.
Tlie statutes of the (iild at Cainhrid^n' show that
main its
object was altofjelher dill'erent from that oi' the two already men-
tioned. At the very outset, in the oath which every member
had to take on the relics of the j)atron Saint of the Gild, they
swore faithful brotherhood towards each other, not only in
reliyîous, but also in secular matters; and thoui^h the statutes
secured for the Gild-brothers the same supjxjrt in case of sick-
ness and deatli as those <jf Exeter and Abbotsbury
and, like
those, contained re;îilations with reference to alms, divine worship

and feasts ^yet all these objects were but insig-nificant in com-
parison with the measures for the protection of the members of the
Gild aîinst criminals, and even :j<âinst the evil consequences of
their own wronj^loing-. The followin^^ may be considered a first
])rincii>le " If one misdo, let all bear it; let all share the same
:
lot;" and for carryin<r this out, a complete or<âi)lzati(n existed.

If one of the Gild-brothers required the help of his fellow-
memljcrs, the inferior officer of the Gild living nearest to him
had to hapten to his aid should the ofliccr ncg-lect this, he
;
became liable to punishment, and in like manner the head of the

society, should he be remiss in afl'ordino- helj). If a Gild-brother
was robbed, the whole Gild had to assist him in obtaining com-
pensation from the lawbreaker. So also every Gild-brother
was obliged to help, if a member himself had to make atone-
ment for killing a man. If, however, he had no justifiable
motive for committing the act, if he had not been provoked to it
in a quarrel, if he was not under an obligation to execute ven-
geance, but had slain the man merely from malice, he him-
self had to bear the consequences of the deed. If one Gild-
brother killed another, he had first to reconcile himself with the
kinsmen of the murdered man, and had moreover to pay eight
pounds to all those belonging to his larger family, namely, the
Gild ; failing which, he was shut out of the society, and the
I. THE ORIGIN OF GILDS. Ixvii
members of the Gild were forbidden to hold friendly intercourse

of any kind with him. In like manner, an insult offered by one
Gild- brother to another was severely punished. The solidarity
of the society was even shown in the case of violence and
damage to property, which one member mi^ht have suffered
from the servant of another; the master of the servant was
answerable for him, and was sued by the society for compensa-
tion. It was, moreover, a leading principle of the society, to
which every member had to bind himself by oath, always to
support him who had right on his side.
The essence of the manifold regulations of the statutes of these
three Gilds appears to be the brotherly banding together into
close unions between man and man, sometimes even established on
and fortified by oath, for the purpose of mutual help and support.
This essential characteristic is found in all the Gilds of every age,
from those fir&t known to us in detail, to their descendants of
the present day, the Trade-Unions. According to the variety of
wants and interests at various times, the aims, arrangements, and
rules of these unions also varied. As a rule, the Gild-brothers
periodically assembled together for common feasts.
The inquiry as to where these features of the Gilds are first
met with in earlier times will, perhaps, also yield an answer to
the inquiry into the origin of Gilds themselves. The Northern
historians, in answer to the question, whence the Gilds sprang,
refer above all to the feasts of the German tribes from Scan-
dinavia, which were first called Gilds. Among the German
tribes, every occurrence among the more nearly related members
of the family required the active participation in it of them all.
At births, marriag-es, and deaths, all the members of the family
assembled. Banquets were prepared in celebration of the event,
and these had sometimes even a legal signification, as in the
case of funeral banquets, namely, that of entering on an inheri-
tance ; and, when they concerned kings, that of a coronation.
Wilda narrates in detail the circumstances of a banquet of this
kind, at which the son and heir, in the midst of his own and
his father^s companions, toasted his father's memory, and vowed
to imitate his worthy deeds ; the companions took similar vows
upon themselves. Further, great social banquets took place on
occasion of the sacrificial assemblies at the great anniversary
festivals, which coincided with the national assemblies and legal
assizes, and on occasion of important political events ; and at the
same time the common concerns of the community were deliberated
on at these banquets. Moreover, they also furnished an oppor-
tunity for the conclusion of those alliances for purposes of plunder
or war, of which we have accounts, especially in the case of Sweden
e 2
Ixviii
Ml^ ^' IV, a-' \\*]\ :< >>( tlio-r .Ins,' innns of Irirmls. in wliirh,
act _; to tlji" S.;uulin;i\ laii SjiLrns, two warriorn of antit|uily
were wont to ctmftHlonilo fr lifo or death, for rommon cMitorjiriKos
and i\ anti for intlis<Tiininato n'vrn;r<' when niu of tlicm
fdiouKi J-
^-^ Kvitv fni-nuiii was oljli;^;^^! to
a violent dentli '.
attend th< :^, whatever fcnxl and drink

and l>riii^ witli liiin
be niiyfht nxpure. Hence thi'se IliiHtn were also calhd (iikls; for
"(liUr* meant oriiînally the sa<rifieial meal math^ U]) oftheconi-
inu eontrdmtions then a wu'rifieial hanmu't in ^^mnal
; and ;
lastly, a society. When in hiter tim(*s Cliristianity Kj)read itself

in the Xortli. tlie sat'rificiul haiKjuet-^. witli all tlu'ir custom^ and
ceremonit*8, remaineil in cxisti'iu'c, and Christ, the \ iro-in iÎary,
and other sjiints, stept into the place of Odin and the rest of
the jyods ^.
Neither AVilda, the ])rin(ipal writer on (Jilds. nor Ilartwi^,

who has made the latest researches into their orio-in, is ahle to
discover anythin^j of the essential natnre of Gilds, either in
what has just heen related ahout the old family and its hancpiets,
or in the saerilicial assemhlies and it is only as to the one ;
point of the cnstom of holdin*^ bancpiets on the occasion of

anniver-ary festivals, that AVilda is inclined to derive the Gilds
from them. Hut of the essence of the Gild, ''the brotherly
bandin*;^ tog-ether in close union, which expressed itself in mani-
fold ways in the mutual renderinj^ of help and support,'^ he
finds no trace. *'
The hancpiets,'' he ur4-es as his principal
objection, " were either casual meetings to which every one, as
he thought proper, invited his friends, or wdiich several i)eo})le
prepared in common, and which did not ])roduce any more
intimate relationship than that already existing from the actual
l>ond of the family, or state, or neighbourhood or they were ;
meetings in which every one of the nation was able, or was

obliged, to take part. There ajipears in them nothing of any
closer voluntar}' confederacy of the membei's within, or by the
side of, the union caused by the State or religion '.'' Hartwig
considers these objections of Wilda's conclusive, and believes that
from the cr>ntinued existence of pagan ceremonies even amongst
the religious Gilds, and from the custom of holding feasts,
nothing whatever can be deduced which is essential to the
Gilds ^
Now these feasts cannot certainly be compared with the
* Miinter'a Kirchengeschichte, vol. i. p. iSi, &c., quoted in Wilda's Oildewesen
im Mittilalter, p. 29.
* Compare Wilda, Das Oildewesen im Mittelalter, Halle, Waitz,
1831, p. 5, &c. ;
DeuUche Ver/assungeGcechicfUe, vol. i. pp. 49-75, 2ud ed., Kiel, 1865 Hartwig, ;
pp. 148, 149.

' Wilda, p. 28. Hartwig, p. 153.
I. THE ORIGIN OF GILDS. Ixix
already perfectly-developed Gilds of Abbotsbury, Exeter, and

Cambridge ; but if we connect with them what historians relate
about the family in those days, we may still recognize in them
the germ from which in later times, at a certain stage of civili-
zation, the Gild necessarily had to develope itself. The family
was, according to these historians^, a community of all-com-
prehending importance, and its care provided completely for
nearly all the wants of the individual. This it was able to do
in consequence of the then simplicity of life. The minor found
in it his protection; the insulted, the natural friends who
sympathized most keenly with him in every injury inflicted, and
w^ho helped him to procure satisfaction. He who would engage
in those pursuits which alone in that age were worthy of a free
man, and which at the same time promised riches and fame in
chase, feuds, and war
found in the family his natural allies.
Natm-ally, he who fell into poverty, or sickness, or any other
kind of distress, obtained from the family the necessary help ; and
it provided of course for the burial of the dead whose heir it was.
These are indeed the first, and are even now-a-days the practical
results of the family union. For the murdered, there arose from
the midst of his family an avenger; to the robbed it gave the
necessary help to prosecute and punish the thief, and to obtain
restitution of the plunder. Further consequences of the nature of
the family compact were, that the members were obliged to
maintain peace amongst themselves; that they were not entitled
to appear against each other in a court of justice ; and, on the
other hand, that they were called upon to punish members,
especially women, who had violated the right of the family ^.
Before the community too it became answerable for its mem-
bers. The payment of the forfeited wergild was, in all cases of
offence which according to ancient usage and custom claimed

revenge the concern of the whole family. The family ap-
peared as such an intimate union of its members, that this
responsibility of the whole body for the individual member
commended itself to the sense of justice of the people as a matter
of course. But as it answered for the compensation, and took part
in the payment thereof, and assisted the guilty in order that he
might not forfeit life and limbs to his antagonist, so it supplied
the accused also with compurgators from among its members
to wârd off an unjust condemnation. In former times this family
bond comprehended all relatives without limitation of degree;
* To avoid further quotations I refer to Waitz, vol. i.

pp. 49-75. With refer-
ence to the Anglo-Saxons in particular, see also Lappenberg's Geschichte von
England, vol. i. 1834, p. 587,
^ By unchastity, as wives or girls.
\XX ^ I. TIIK ORICIN OF (ilt.nS.
hut in lator tlays it Uvanu* rt^strirt***! to iho nearer kinsftilk.

Of our>o tlH4 intinU'rs of tlu fnuiily met at oll-rcrurrinf;:
iMUiquetii, at which, nn wns riiHtoninry anlon^ the (iernians, their
'
interetU were talk>- and (ieliU>nite\ tioninl nocountH of tlie Scandinavian
writers (p. Uviii), who nj^ree in thin with TacituH {(ienn. cap. 22).
If we oompore this (lewri]>tion of the family, and tlie
aecotints of the al)ove mcntioni'<l lan<iuet*<, with tlie statutes
of the (iihls at Ahhotsshnry, Kxeter, and Camhrid^'e, the
family aptH>ar8 as and jtaltern \\Y<^, after whieh
the original
all tlie later (Jildsformed and iliis will he proved
were ;
till more ele:irly in the eoui-se of this treatise '. The family
meets us here as the closest ]K)ssil>le union, consist in<if of real
hmthers, and so thorou<^hly animat<'d with the sj)irit of hrother-

hotxl and of mutual assistance and supi)ort, that it hrin^^s all
conceivahle relations within its reach, and provides com])letely
for nearly all thow wants, the satisfyiiif;' of which fell, in later
til irtly to the State, and ]>artly to the artificial societies
W! re formed for this very j)urj>ose. The essential nature
of the (iild, as characterized hy AVikla himself, is to be found
in the family, and develojic<l there even to the hi^hest deg-ree.
We do not yet see, it is true, special associations hy the side of
this most intimate natural union, hut neither is there room for
the former, hy reason of the activity of the latter. It is indeed
astonishing that Wilda, who himself afterwards desig-nates the
(iilds as ''imitators of the family-/^ should here altogether
forgtt whence they were derived.
AVith the exception of political interests, for which the State
provided, there remains only one relation for which we find no
particular provision in the family, namely, Religion. Care for
the interests of religion was the business of the whole nation.
At the time from which our accounts come down to us, the
German tribes had already taken possession of fixed habitations;
the relations of neighbourhood and of living-together asserted
themselves in public life, and it was natural that the interests
which first after politics united neighbours for common action,
were the religious ones. Families, though acting generally as
independent individual bodies, and competing most keenly with
each other in the pursuit of their material interests, yet united
as soon as t/iat interest was concerned, which even in the times
of the most barbarian arbitrariness and the most unbridled club-
law, the times of the most unchecked pursuit of individual
' Compare especially Part III. of this Ensay, pp. cii, ciii.
Wilda, pp. 56-5S, 130, 132, 134, 147, 153, it)9, &c.
I. THE ORIGIN OF GILDS. Ixxi
interest was
always considered as the great, the common, the
social interest, the reconciliation of man with God. As if sing-le
individuals felt themselves too weak to solve this great problem,
they have always, at all times, and in all religions, united for
the worship of God,
frequently the whole nation, and later,
in special sacrificial societies, as we see in the religious asso-
ciations of the Romans ^, and
more perfectly in the religious
still
Gilds and fraternities of the Middle Ages.

The circumstance, that we meet here, all neighbours united in
one common society, and not yet that separation into closer and
more restricted associations which is found in the later Gilds, can
give rise to no difficulty. This is a phenomenon which appears
always, as soon as a great interest unites men into a community,
and which repeats itself in the rise of every separate kind of
Gild down to that of our modern Trade-Unions. At first, as
long as all belonging to one portion of mankind have an equally
lively sense of want, as long as zeal is universal, and energy
is equally effective in all, and as long as this zeal is still
growing, one bond comprehends them all but gradually, with ;
the increase of number, and with the relaxation of the general

interest, or with the appearance of various shades in that
interest,they unite into closer societies, or close their circles ; by
the side of which then arise others of a similar nature^. When,
for instance
to make use of an example which Hartwig himself
brings forward in a later passage of his inquiry the Christian
communions were formed, all the members contributed, accord-
ing to their ability, to one common fund for the purpose of good
works. With the extension of Christianity this general display
of love abated ; the contributions ceased, or were changed into
regular and involuntary taxes; and the zealous separated into
particular brotherhoods, &c. Further, the Gilds, from which in
later times the town constitutions sprang, comprehended origi-
nally, asWilda himself tells us, all full citizens, whose relations
to each other were none but those given by local limits and the
bonds of neighbourhood. To the first Gilds of the Kalenders, all
the priests of a deanery belonged, and the first Trade-Unions
took their origin in a manner thoroughly similar.
The essence of the Gild existed also in those associa-
tions for acquiring riches and fame, the sworn confederacies
for plunder and heroic deeds referred to above, and mentioned
' Cf Heineccius,
. De Heineccii opera omnia,
collegiis et corporihus opificitm, in
torn. ii. p. 390, 766 ; also Cicero De Senectute, cap, 13. Gains, in 1. 4 D.
Genevse, 1
de coll, et corp, 47, 22, quotes a passage from Solon's legislation taken over into
tiie twelve tables concerning sacrorum sacranientales.
* Compare Part III.
})p. xcvi, xcvii.
Uxh I T!iK onioix OF oii.ns.
by tho N *' '

V -i-riiu'' ; and tlu'n'fnrf, nltljoiiLrh from tlio
natural ^ <'f tl hourrH, hihtori<*u) rrfiMiint's 1< tin*
direct tlorivation of the liilds from thfin inny Im* wanting-, it
doM not n]>|H':ir tliat \\\o i\\\v\\\\A to lirin;; tlicin into < (unicction
with the tJ'''K >i
:ht to Ik? njirtcHl witlumt furlluT counlcT-
piooftV
Ah to thi' iH\>iitivr opinion of 1Ih opixjiitnts of our view of Iho
origin of (iilils: Wihla allows that tlu* latrr (lilds nrr derived
from tho oKI pag;}in ones, as n'ârds \\\v tu^t(^nl of assonihliu;^'
together at a common meal on various solemn occasions (a

custom, however, which is certainly met with, not only anion*!;'
the (iermans, hut also in the (ineU tparoL and tlie llonian
ColUffin^). The ptvuliar charaeteristic of the Gilds, says Wilda,
first entereil into them throui^h the Christian ]irin('i]le of love
for one's nei;fhhour; and the (iilds themselves had their (jrij^-in
in the monasteries ayô^reiâted together on that i)rin(ij)le to
share in the henefits of their prayers and <'ood works. These
airtfreLfations were joined aftirwards hy laymen-'. Ajâinst
this view, Ilartwio" shows the untenahleness of the derivation of
the Gilds from those monastic a*i;';^re*âtions ', and then points to
the Gild-like unions of the cultivated and classical nations of
antiquity, especially to the Roman ])nrial-s()cieties, which C'hris-
tianity,a*^ it spread, found alnady existino' on an ext<.'nsive scale.
He then mentions the common eontrihutions of the first Chris-
tians for f'-ood works, as well as the later discontinuance of these
voluntary acts of charity of the laity^ when the Church acquired
gjcat indcjcndent wealth. But, in spite of the immense pro-
perty of the Frankish Church, Ilartwip;- yet infers, from the
existence of a fji-rcat proletariat in the Frankish realm at tlic
end of the Roman dominion, that associations of clerfji-y and
laity for mutual support must have heen formed in that empire.
Thou<^h more exact information conccrnini" these is wantin^c,
yet the existence of associations amono-st the clerg-y of the
sixth century for anythin^^ but pious purposes, as for instance
for opposiuf^ superiors,
appears to Hartwig sufficient reason for
inferrin^^ the existence of similar ones for charitable ])urposes.
The laity would join themselves at a later ])eriod to those
societies, whose offshoots he sees in the Gilds of the Kalenders *.
* Apâinst this view, on wholly insufficient grounds, see Wilda, p. 29 and ;
without Htating any groundrt, Hartwig. p, 154.

' Hartwig, p. 156. Varro Kpeaks of the licentious banquets of the Roman
collegia: " Inimutabiles colleijiorurn c'nas intendere annonam," Cf. Heineccius,
pp. 3^6, 399. Ah to the tf>apoi, see Becker's Charihlcs, vol. ii. p. 239, 2nd edition,
1S54.
Wilda, p. 31 ff. * Hart wig,
p. 152.
' Hartwig, pp. 156-160. See, on the Gilds of the Kalenders, p. Ixxxviii below.
I. THE ORIGIN OF GILDS. Ixxiii
It seems, however, difficult to agree with this learned and

ingeniously asserted opinion. The development shows too many
gaps, and the connection of the isolated facts with each other is
too weak for us to erect with its scaffold the great and magnifi-
cent edifice of the Gilds.
The assumption that the Gild first obtained its essential cha-
racter, and its true purport, from the Christian communions
only, seems to me also very difficult to reconcile with the
facts so prominently brought forward by Wilda and Hartwig,
that the customs and ceremonies of the Gilds of that age were
to such an extent those of the old pagan sacrificial banquets,
that, for centuries, prohibitions and menaces of punishment
were expressly needed in order to destroy this jiagan cha-
racter. If I may be allowed to form a conjecture in this
case, I would rather say that the religious brotherhoods of the
Middle Ages, and as they still exist in Catholic countries, have
their origin in a connection with monasticism, and in an imita-
tion of it on the part of men who, though wishing to accumulate
the greatest possible amount of merits for the next world, yet
would not renounce the present ; and that this origin is to be
sought in Southern lands, in which Christianity and monasticism
were first |)ropagated^. When, therefore, these Southerns brought
Christianity into the North, they found existing there these
pagan sacrificial unions, with their attendant banquets ; and an
amalgamation of the Christian religious unions was effected with
the sacrificial societies of the pagans, and their customs and
rites, like the blending of the Christian festivals and ceremonies
with those of the old pagans, which Wilda narrates in so ex-
cellent a way. But though this continued existence of the old
customs was at first allowed in the interest of the more rapid
propagation of Christian doctrine, yet in later times, when the
dominion of the doctrine appeared to have been secured, a war
was commenced against them by the spiritual authorities as
well as the secular ones, who were animated with similar
ideas. Undoubtedly, however, the spirit of association received
then a mighty impulse, and the Gilds spread themselves rapidly
under the influence of Christian doctrine ; but, at any rate, as it
* It follows from 11. 42 and

43 Cod. Theod. de Parabolanis, lib. 16, tit. 2
(with which must be compared the commentary of Gothofredus on these passages,
as well as Baronius, AnnaJes Ecclesiastici, tom. v. p. 691, Romae, 1595, and
Stolberg's Gesckichte der Religion Jesu Christi, vol. xv. p. 44, Hamburg, 1818),
that already in the third century there existed at Alexandria a Christian brother-
hood for nursing the sick. But about the year 416 it had so altered its character,
and had so degenerated, as a religious institution, that Theodosius published a
decree to prevent it from becoming too powerful, and from meddling with secular
affairs.
UUV 6 1. TIIK OUUilN OP GILDS.
to mc, the OHM^ntv of tlio Gild, tin* confo<leralion in

oriettcs for mi.tual lu>li>. \vhon tlic ]>o\vrr of tho iiulividiuil
a|>|4\ir\Hl ttx> wrak to obtain tho ohjcnt lii'sinHl, is iilnwiy to
be nHx>îzicl in th<ê old hcatlifn sacriruinl assrniblirs '.
Tliouj;h in nioio niu'itMit tinifs tlu* family (niiirction was
htron^, and of importantv in various ways, as in the maintenance
of jiwtiiv, in tho formation of the nation, and in itn fir>t sctth'-
ment, nevertheless, afli-r this settlement liad taktii )>Iaee, the re-
lations which it udlnl forth ohtainid the |)reiM)nderan<e. The
natural bond of the family hiH-ame more ainl more relaxed with
the inereaso of the numher of relatives, and with the rise
of siH-i-ial interests amon;^ the individual members; and would
also li>se it im|x)rtauce as regards the maintenance of justice.
Moreover, the constantly inena-in^ number of kinless peoj>le,
and of htranp'rs, would lurther the formation of new institu-
tions; for the State alone was not at that time able to satisfy
it'i members* claims for lei^l protection.
This c'nau^ê had, ab(vc all, to take place in tlie Ani^lo-Saxon

Stat<'8 - thron^'h the intermixture of the people with IJritons and
Danes. Here, artificial alliances would take the i)lace of the
natural ones, and of the fnmkpledLre loiindtd thereon. Already,
'
in pa'isages of Ina's statutes which refer c.\j)ressly to the leâl

protection of the stranj^r, mention is made of gcfjildan** ''^
and **
gesi^ ;" and stran<:ci*8 are the very pcoj)le who, we are
told, lived, later on, in societies or Ciilds, to which probably a
g-reat anti(pnty must be ascribed*. A law of King Ali'rcd
declared, that when any one who bad no paternal relatives,
killed another, one-third of the fine should be ])aid by the
maternal relatives, another third by the ^^ (jeyUdau^^ while for
the n-maining third the man himself was responsible. But if he
was also without maternal relatives, the " gcg'ddan" had to pay
the half, and for the other half " let him flee." In a corre-
sjwnding case, when such a man had been killed, the ^' r/f^gildan"
received half of his fine, the king the other half"'. If now we
consider that, amongst the members of the later Gilds, exactly
similar obligations are met with ^', the opinion will a])pear justi-
fied"^, that here also, under the term " gefjildau" Gild-members
are understood.
' Both Waitz (vol. i. p. 85) and Lappenberg (vol, i, p. 609) appear to believe
in thiH derivation of the Gildfl.
' See Additional Note, No. I.
The mutual security which persons of the same tithing gave for each other's
good conduct.
Waitz, vol. i. ^ Ibid.
p. 437. p. 433.
Compare the Statutes of the Cambridge Gild on
p. Ixvi of this Essay.
' Hartwig, it i true, asserts
(p. 136) that it is now universally acknowledged
;
I. THE ORIGIN OF GILDS. IxxV
Analready far-advanced development of the Gilds is shown

by the Judlcla Civitatis LundonirB^ the Statutes of the London
Gilds, which were reduced to writing in the time of King-
Athelstan. From them, the Gilds in and about London appear
to have united into one Gild, and to have framed common regula-
tions for the better maintenance of peace, for the suppression of
violence, especially of theft, and the aggressions of the power-
ful families,
as well as for carrying out rigidly the ordinances
enacted by the king for that purpose. Particularly com-
prehensive were the arrangements for prosecution against theft
one might call these Gilds "assurance companies against theft/'
Not only were the members obliged to pursue and track out
the thief, even in other districts, but the injured person also
received compensation for his loss from the common fund.
The agreements which had been come to, and the obligation
resulting therefrom, bound not only the members of the Gilds,
but also all non-members living in the district in which the
Gilds existed ; and the non-members were for this purpose united
into tithings under the lead of the Gild-brothers. Every month
the members of the Gild assembled at a banquet, at which the
common interests, the observance of the ordinances enacted,
and similar matters, were inquired into and discussed. The
remains of the viands were distributed amongst the poor. On
the death of a member, every associate of the Gild had to offer a
loaf of fine bread for the benefit of the soul of the departed,
and had to sing fifty psalms, or to get them sung, within the
space of a month. All who took part in this league were to be
as the members of one Gild, in one friendship, and in one enmity;
and every insult was to be avenged as a common one ^. The
English Knighten Gild was perhaps one of these united Gilds ^.
At Canterbury, a Gild following the same ends stood at that
time at the head of the city, whilst two others existed by the
side of it. There are also accounts of a Gild-hall at Dover, from
which a Frith Gild may be inferred; and charters of a some-
what later time frequently mention many other Gilds besides
having been long in existence ^.
these, as
The organization of the Gilds was thus in the eighth, ninth,
and tenth centuries, not only completed, and probably already
(especially since Kerable), that the just-mentioned " gegildan " are not to be taken
for Gild-members. Nevertheless Waltz, in the latest edition of his Constitutional
History (1865), vol. i. p. 438, clings to the contrary opinion, and very justly,
as appears to me. See in Waitz the various opinions and writings on this point.
^ Cf. Wildaj p. 245, &c. ; Lappenberg, p. 386 ; Waitz, vol. i. p. 434 j Hartwig,
p. 140.
^ See below, Part IIT. of this Essay, p. xcix.
^ Lappenberg, vol. i. p. 610.

Uxvi 1. TiiR ouioiN or qilds.
widely oxtoniKHl nmon;^t the An^jlo-Snxonn, but even rcoojj-

niz4xl. and tluir onliimiuH^ iinitatiti, or iit KtiHt Kiinctioiu'tl, in
^ '
'
' r: '
I'nJMNi'd alrcmly hik-Ii autlurity in \'.\^'j:-
L. .. . .,: . .i> houml rvt'H non-nifuiliiTs; ami t<\vii

cttnHtitiitionH woro oln^dy clovol<>|inLj" thfiiiKrlvos IVom tlirm.
At tho Miiiio timt' wi MH* thrin forliiddiMi and |>iTwcn(<d rv^ry-
irhcn' on the Continent ly tvclrsiajitieal as wi'll as by secular
authoritiiMt. A ti*rits of (îpitularies <f the I'linperor CliarK*-
maijiie nnd his Huotx'ssors* int<'rrenHl witli all kinds of com-
1 !* and unions, and esjueially witli those uliieli wrre
:. .-d hv niutiml oaths. Not only those wliieh ]>ro|)os<'<l
dinvtly were threatenid with seourj^-in^-,

nnlawrid objects
noo-slittiny:. )anishnient, and sueli-like j>unislnnents of their
mendnTs, hut evt n those wliose ohjeet was }>r(ti'etion a^îinst
rohlKTV and othtr dee<ls of violence*'*. Unions were only to he
tolerated lor mutual assistance in fires, shipwrecks, and similar
ca.es, and even then without the nicmhrrs conHinnnLr their
obli;nitions by an oath IndiT Louis le Debonaire, (iilds even
'.
amonpit st^rfsare met with in Flanders, Menjuscus, and the other

maritime (bstriets. and their lords were called upon to suppress
them. un(h*r tlie threat of Ijiiu;^^ ])unislie(l themselves '. Hie
clergy tr>o had their (lild meetino>i, as aj)]iears i'rom the Capitu-
laries of Archbishop Hinemar of Kheims. Tiie wanton practices
and heathen customs which ])rc\ ailed at their l);in(|ucts, as well as
the exaction of the contributions and fines which, as in the
London and Cambrid^fe Statutes, were imposed for violation of
the ordinances, ^ve Ilincmar occasion for vehement com])laints
aînst these (iilds''. We see from these accusations that the
desj>otic media'val magnates of the Continent used the siimc
weapons for attacking" associations for the maintenance of free-
dom, as their modern antagonists in free England, the enemies
of Trade- Unions.
The iaK'\ge8 roferrinp to this matter are to be found in Pertz, Monumcnta Ccr-
'
mnnia J/'glorica, Leguni, tomu.s i. |i. 37, cap. 16 p. 59, c:i]( 29 p. 6S, cap. 10 ; ; ;
p. 74, cap. 31 ; p. 133, cap. 10 ; p. 2.^0, cap. 7 ; j). 232, cap. 4 ; p. 352, cap. 10 ;
P 55.^ cap- 14-

*Capit. Theod. 805, cap. 10 ; Const. Olonn. 823, cap. 4 ; Cnpit. Wormat. 829,
cap. 10, in Pertz, 1. c, pp. 133, 232, 352.
* Capit
779, cap. 16, in Pertz, 1. c , p. 37.
* " De conjurationibuH Hervorum qua; fiunt in Flandris et Menpisco et in c;eterin
maritimiK Iocih, volufnusut per rnisHOH noHtrrj.s indicotur dominiH sei'vorum illorurn,
ut conKtringant eo8, ne ultra tales conjunitioneH facere prai.suinant. Et ut Hciant
ipHi e^jrundem servorum domini, quod cujuscunque servi hujuncemodi conjura-
tioneni facere pneaumpserint postquam eis hiec noHtra jussio fuerit indicata, bannum
noHtrum, id et sexaginta soiidos, ipse dominus persolvere debeat." Capit. Tlwod.
821. cap. 7, in Pertz, 1. c, p. 230. Compare with this, Captit. Vem. 884, cap. 14,
is Pertz, 1. c, p. 553.
01 Wilda, pp. 22, 35, 41 ; Hartwig, pp. 138-141, 150.
I. THE ORIGIN OF GILDS. IxxVni
There no doubt that these " Gildoniae

is of the Frankish '''
Empire are the same as the Gilds of the Anglo-Saxons, such as

those of London and Cambridge ^. The more developed constitu-
tion of these appears merely as a consequence of the later times
from which the documents on them have been preserved for us, as
well as of the freedom from those restrictions which necessarily
hindered their prosperity on the Continent. As the unions them-
selves owed their origin to social and political changes, in like
manner the reasons of these prohibitions lay probably in political
and social considerations. All the various kinds of Gilds as
will further appear in the course of this inquiry always arose in
times of transition ; and especially when we consider the origin
of Trade-Unions we shall show how, in every single trade, the
Gilds came into existence at the time when each trade was
changing from small to great industry. When these Gilds arose,
both England and the Frankish Empire were likewise in such
a stage of transition. The frankpledges of those belonging to
one family became less efficient. Lappenberg relates, that in
England ^ the landed proprietor, the feudal lord, took all his
serfs under the same protection as in earlier times was afforded
by their kinsmen. This relation could not however satisfy the
want of the great numbers of those who had maintained their
freedom, and did not belong to any connection of this kind.
Amongst these freemen, therefore, we forthwith meet the same
contrast which now-a-days separates Economists and Socialists.
The freemen of rank and large possessions, who felt themselves
powerful enough for their own protection, found, as the strong
are ever wont to do, their interest more in a system of mutual
feuds, that is, of free competition amongst themselves, than in
associations and mutual pledges. But the less powerful, the
small freemen, sought, as the weak always do, protection for
themselves in confederating into close unions, and formed the
Gilds for that purpose.
The mightyefforts of the Emperor Charlemagne to form one
central State, transformed all existing relations. His legislation
caused especially a considerable diminution of the old freemen.
With the pressure which the violent dukes and counts exercised
on the people, the number of the latter shrank more and more,
exactly as the number of small master-craftsmen and trades-
men dwindled away in consequence of the centralization of
trade into the great workshops in the eighteenth and nineteenth
* Cf. Hartwig, pp. 138-142, who also, together with Marquardsen, maintains
against Kemble the real identity of the London brotherhoods with the remaining
Anglo-Saxon Gilds.
^ Lappenberg, vol. i. p. 587, &c.
Ixxviii 1. TiiK ouiGix op oilds.
tvnturics in Kn;^laiui. Ju^t n< lHn tin* art itiantf could only nvo-d
Umiij^ |>rtsiiHl down by leaûin^^ to^^'^rtluT
to n slavrliko (Miulition
into unionH, so in like manner the
old im*nien of ('ImrK'n's tinio
wei\ only nhle to maintain tluir lilM-rtios wlu'rrvrr th** fact of
their duollinjf top-tluT in lar^^T nuiu)>iT> riideiTil a conrcdt'racy
into Gilds jx^ssildc, or whereyer they were sccun-d a;raiiis( the
]
'ion of thrir the ]>iMMiliar natural cnnditions
(>j|>n*s>M>' Iy
i.. ...* .. alxnle. Althu^h, hitiT on, Charles hiinsilf eiuKavcuired

in yain to etunteraet the diminution of the old IrtHMncn so far
a it was jXHwihle >vithout injuring his f^stA.Mn yet the action
of an orijanizaticm like the (lilds would hayc made breaelies

in it ; nuret>ver, these stirs of sell-lhlp mi^^ht have heiome
danfjirou8to the system of personal ;i)vernment of the arbitrarily
rulin;; (\esar.
insecurity after the death of Charles, and
IJut the uniyer>al
the deyastatin*^;' incursions of the Normans, were the
e}iiei-ially
causes that lirou<^ht about the association of the j)eople into (Jilds,
cyen more than the fear of losini^ their iidicrited IVccdom. Hut
here t4K> it wa** the same driad that caused sell-help to be for-
bidden and this was certainly also the cause of the j)roh;bition
;
of the assoc'ations amoni^st serfs ai^-ainst thieves and robbers.

Tlie crime of the serls in their unions consisted in their en-
dciivourinj^ to ])rovide redress for their f^rievances without
making" use of the intervention of their masters^, whose powers
oyer them such ii.ti rvcnti(tns always increased. Even when thi;
jKX>r jHople who were without jiroticlion ajâinst the inroads
of the Normans, leagued themselves into sworn brotherhoods,
and in this njanner oii'ereil firm resistance to the robbers, they
were cut down by the Fraukish nobles, as a reward for their
bravery -.
The assum])tion, that these serfs had also confederated together

a*rai''^t their lords for the improvement of their very miserable
condition, d<>es not apj>ear to be necessarily excluded by the
threat in the Ca[)itulary of Louis, that the lords themselves
should be ])unislied if they did not suppress the unions^. At
least, the ^fayor and Aldermen of Loudon, in the year 14155
made, in like manner, the Wardens of the Tailors' Gild re-
sj>onsible for the existence of associations of journeymen tailors,
* The
Capit. Vem. 884, cap. 14 (Pertz, 1. c, p. 553) says " Volumus, ut pres- :
et miniftri comitis villaniH pnecipiant, ne collectam faciant quam vulgo

livt'^^ri
(reldam voo-vnt contra illos qui aliquid rapueriiit. Sed causam suam ad ilium
prehbvteruin referant qui episcopi missus est, et a<l illos qui in illis locis minirttri
comitin super hoc existunt, ut omnia prudenter et rationabiliter coiTigantur."
' Hartwi;:,
p. 145. Compare him for the rest of these hibtorical statements in
general, p. 161, &c,
' Waitz (vol. iv. p. 364) and Hartwig (p. 145) draw this inference.
^
I. THE ORIGIN OF GILDS. Ixxix
which however were directed against the masters* themselves

As these journeymen stood under the rule of the Wardens of
the Tailors^ Gild, so stood the serfs to their lords in a relation of
protection like the earlier one of the family-members to their
family; the lords were responsible for the offences of their
slaves in general, and especially for those committed by
"collecta/"' as that same Capitular}^ of Louis le Debonaire attests^.
The interest in the maintenance of the existing* order of things
made it as much a special duty of the lords in the Carlovingiaii
times, as of the masters in the fifteenth century, to take care that
such order should not be disturbed by any kind of revolutionary
movements of the governed class. The suppression of those
stirrings of self-dependence appeared a matter of public im-
portance. Heineccius already, ajjropos of the interdiction of
-^
the E/oman collegia by Tarquinius Superbus, refers to the opinion

of Aristotle [PolU. lib. v. cap. ii.) " The means already indicated
:
to maintain the mastery as long as possible, consist in this

especially, to suffer neither common banquets nor political
unions, nor education in common, nor anything else of the
same kind ; but to guard against everything which can excite
in the people these two qualities self- consciousness and mutual
confidence." If these associations of serfs were also directed
against their lords, we have indeed in that Capitulary the first
record of a combination of labourers against their masters.
The forbiddance of Gilds in the Frankish Empire could also be
justified from religious motives, in consequence of the gluttony
and pagan customs always associated with them. But from
England we hear nothing whatever of any evil influence of the
Gilds. It appears that Englishmen at all times knew better
than Continentals how to maintain their right of free and
independent action ; and their Government seems to have known
even at that time how to make use, in an excellent manner and
in the interest of public order, of organizations freely created by
the people. In Germany a better estimation of the Gilds seems to
have commenced under Henry I., who in order to raise the
towns, ordered the Gilds to hold their councils, their meetings,
and their banquets in them. The same thing was decreed for
Norway nearly a century and a half later by Olaf Kirre, the
^ Cf. Riley, Memorials of London and London Life in the Thirteenth, Fourteenth,
and Fifteenth Centuries, p. 609. London, 1868.
^ Capit. Theod. 821, cap. i (Pertz, 1. c, p. 230) '*
: Si servi per contumaciam
coUecta multitudine alicui vim intulerint, id est aut homicidium aut incendium
aut qualiumcunque rerum direptiones fecerint, domini quoi'uin negligentia hoc
evcnit, pro eo, quod eos constringere noluerunt, ut talia facere non auderent,
bannum nostrum, id est sexaginta solidos, solvere cogantur."
* Heineccius, 1. c,
p. 379.

\xvt } I. TiiR omoiK OP oii.ns.
founder of BiTjvn, and the cnlar^r of Kcvornl towns. Ilo also

itiiuicil houMV to bo bnilt for thin ])ur]><)8i*, v^ for instance at
Tmntljeni.
'HuTv remainf), in conclnnion, to Htato luirlly tin' v\\\A rrsnlt of
tills inquiry. The family a||Hars as the hrst (iild, >r at lrat as
an ' '
"fthe (liMs. OriLrinally, its providing care satisiicH
all' .. -ants; and for other societies thcri' is therefore no
room. i\8 soon however as wants arihc which the family can

no lonpvr siiti.-fy whether on atvount of their j)cculiar nature or
in <onset|nencc of their increase, or hecau-e its own a<tivity ^rows
fet?llielo8<.*r a rtill cial ailia uics immediately sprinir forth to
provide for tnera, in tm far as tlic State doe>; not do it. In-
finitely varied a< are the wants which call th< fn forth, so are
naturally the objects of these alliances. ^ ct the l)asis on which
they all rest is the same all arc unions between man and
:
man, not mere associations of eajîtal like our modern societies

and comj>anies. The cement which holds their members togêt her
is the fielin*^ of solidarity, the esteem for each other as men,
the honour and virtue of the associates and the faith in them
n<t an arithmetical rule of jrobalililies, inditrcrciit to all <ôod
and bad jier.-onal qualities. The support which the community

aHbrds a meml>er is adjusted according to his wants not ac-
cording" to his money-stake, or to a jealous debtor and creditor
account and in like maimer the contributions of the members
;
vary according to the wants of the society, and it therefore never

incurs the danger of bankru])tcy, lor it possesses an inex-
haustible reserve fund in the infinitely elastic productive powers
of its members. In short, whatever and however diverse may
be their aims, the Gilds take over Irom the family the spirit
which held it together and guided it they are its faithful
:
image, though only for special and definite objects.

The first societies formed on these principles were the sacrificial
union s, from which, later on, the Religious Gilds uere devcloj)ed
for association in prayer and good works. Then, as soon as
the family could no longer satisfy the need for legal protection,
unions of artificial-family members were formed for this purpose,
as the State was not able to afford the needful help in this resj)cct.
These Gilds however had their origin in direct imitation of the
family. Most certainly, none were developed from an earlier re-
ligious union as little as were the Roman collegia opijicum from
:
the Roman sacrificial societies, or the Craft-Gilds from the Gild-

!Merchauts, or any Trade-Unions from a Craft-Gild.
Ixxxi
11. THE EELIGIOUS (OR SOCIAL)

GILDS.
After the German tribes had settled in fixed abodes, the fami-
lies dwelling in a certain district united themselves into common
sacrificial assemblies. As a rule, common meals were connected
with them, to which every one taking part had to bring \\hat he
wanted of food and drink. From this these unions were called
Gilds, When Christianity, together with its religious fraternities,
came to the North, the latter amalgamated with the heathen
sacrificial societies which they found there, and from this union
arose the Religious Gilds of the Middle Ages.
This is the opinion on the origin of the Relig-ious Gilds already
expounded in the foregoing part of this Essay. In the above
cited statutes of the Gilds at Abbotsbury and Exeter, of the
eleventh century (p. Ixv), we see the organization of these Gilds
already completely developed. But much earlier, though less
detailed, information is afforded by the Capitularies of Arch-
bishop Hincmar of Rheims, of the year 858.
We find, already distinct, in these Capitularies, the two kinds
which must be distinguished among the Religious Gilds. The
one exists among laymen; and it alone is called '^Geldonia.'^ It
alone, too, bears already the complete character of the Religious
Gilds as it existed during the whole of the Middle Ages. The
other kind of Gild exists among the clergy.
In the Capitulary^ relating to the Gilds among laymen, Hinc-
mar gives instructions to his clergy as to their allowed sphere
* Labbei Concilia, ed. Coleti, t. x. cap. 16. p. 4: " De confratriis, eaiumque
conventibus, quomodo celebrari debeant.
Ut de collectis, quas geldonias vel con-
fratrias vulgo vocant, sicut jam verbis monuimus, et nunc seriptis expresse prae-
cipimus, tantum fiat, quantum ad auctoritatem, et utilitatem, atque rationem per-
tinet ultra autem nemo, neque sacerdos, neque fidelis quisquam, in parociiia nostra
:
progredi audeat. Id est in omni obsequio religionis conjungantur videlicet in :
oblatione, in luminaiibus, in oblationibus mutuis, in exequiis defunctorum, in

eleemosynis, et ceteris pietatis officiis ita ut qui candelara ofFerre voluerint, sive
:
specialiter, sive generaliter, aut ante missam, aut inter missam, antequam evan-
gelium legatur, ad altare deferant. Oblation em aiitem, unam tantummodo obla-
tam, et offertorium, pro se suisque onmibus conjunctis et famiiiaribus oJSerat. Si
f
Ixxxii II. THE KKUGIOUB (OR SOCIAL) OILDS.
of aHion, nnd ns (* tho iolomnitio< to In* lu'M at lluir inrrtinq^.

\lv rr>t t'ns tlu'in <|uito in ;^'nrr.il, tliat <nly that slmul*! l)c
done whirli was nHjiiin-il hy ili;îuty, utility, ami naHnn ; lut lio
ininuxliatrly ilrtjiuv this hOiin\\liat uwrv jmrisoly :
'
Tluy uliall
unilo for i'Vr)* exorcist^ of n-lijîon : that is to siiy/* anil now
followH, as n inon (U>tnilo<l statvinont of tin* <lutios involved
lluTfin, tho ennmrniti>n of all the nhjrcts which are apain met
with in the later (iilil-statut<*s, "tluy shall uiiit<' for oU'erinj^
(es|xvially of eanilli's\ for mutual assistance, for linnTal services
for the dead, for alms, and other deeds of piety." On the other
hanil. Hinemar f(rli(ls, what other ('aj)itulail('s Xvvwi^'dialjolicum'*
(which must he translated lure Ijy " heathenisms "), namely, '
featinps and drinkin-^-hout**, because they led to drunkenness,

^ve occasion for unjust exactions, for sf)r(lid mcrriiiionts, and
inane railleries, and ended often even with (juarrels, hatred, and
manslaijo-hter. If it was the priest of the (Jild or any other
cler^'man who acted against this j)rohil)ition, he was to be
dcf^nided, but if it was a layman or a woman, he or she was to
be excluded until satisfaction was o-iven. If it became necessary
to call a mtêtin^ of the brothers, as, for instance, fur the arrange-
ment of difTerences which mij^'-ht have arisen amon^ them, they
were to assemble after divine service; and after the necessary
admonitions, every one who liked was to obtain from the priest
a piece of consecrated bread and a pfoblet of wine; and then he
was to o-o home with the blessino- of Clod.
These fraternities were sj)read in the Middle Ages, in great
numbers, over all countries under the sway of the Roman-Catho-
lic religion, and they exist even now in such countries. As
the Gild Statutes contained in this collection and they are but
waifs and strays of large llucks
show, these brotherhoods ex-
isted in considerable numbers in every town thus there were ;
twelve in Norwich, as many in Lynn, in Bishop's Lynn nine,
plus de vino voluerit in butticula vel canna, aut plures oblatas, aut ante missam,
aut poBt mifi}<am, preshytero vel ministro illiuH tribuat, unde populus in eleemo-
ayna et benedictione illus eulogias accipiat, vel presbyter supplenientum aliquod
hal>eat. Pato8 autem et com easati ones, quas divina auctorita-s vetat, ubi et gra-
vedinea, et indebitae exactiones, et turpes ac inaiies la;titi* et rixae, saepe etiain,
sicut experti sumuH. usque ad liomicidia, et odia, et dissensiones accidere solent,
adeo penitus interdiciinuH, ut qui de cetero boo a^êre pnesumpserit, si presbyter
fuerit, vel quilibet clericu.s,gradu privetur, si laicus, vel feraina, usque ad satis-
factionem separetur, Conventus autem talium confratrum, si necesse fuerit ut
simul conveniant, ut si forte aliquis contra parem suum discordiam babuerit, quern
reconciliari necesse sit, et sine conventu presbyteri et ceterorum esse non possit,
post peracta ilia quae Dei sunt, et Christianee religioni conveniunt, et post
debitia admoniiiones, qui voluerint eulogias a presbytero accipiant et panem :
tantum frangentes, singuli singulos biberes accipiant, et nibil amplius contingero

praesumant, et sir unusquisque ad sua cum benc'iictione domini redeat."
' See Haitwig, pp. 142, 153.

II. THE RELIGIOUS (OR SOCIAL) GILDS. Ixxxiii
wliile abroad, Gallienus counts even eighty in Cologne, Melle

about seventy at Liibeck, and Staphorst more than a hundred
at Hamburgh. But their objects and organizations were so
identical everywhere, and remained so essentially unchanged
during successive centuries^ that a comparison of them in various
countries and at various times could only lead to repetitions.
I will therefore simply state their objects and their organization.
What described here, prevailed in all countries alike ^.
is
With regard to the objects of these Gilds^ Hincmar defines them

completely, when he says, ^' in omni obsequio religionis conjun-
gantur/' they shall unite in every exercise of religion. By this
were meant, before all things, the associations for the veneration of
certain religious mysteries, and in honour of saints ^. Accordingly,
these Gilds were everywhere under the patronage of the Holy
"*
Trinity, or of certain Saints, or of the Holy Cross, or of the Holy

Sacrament, or of some other religious mystery. In honour of
these patrons they stuck candles on their altars and before their
images in some statutes this appears even as the only object of
;
the Gild ^. Wilda ^ narrates also how the setting up of such a

candle became tlie origin of an entire Gild. Once, towards the
end of the fourteenth century, says he, several merchants and
shopmen of Flensburg were sitting drinking together, and having
paid their score, six shillings (standard of Liibeck) remained
over. What should be done with these, was now the question.
At length they resolved to order a candle to be made, which was
to bum before the image of the Virgin Mary on the altar of our
Lady. This fraternity, so insignificantly begun, increased rapidly
^ See "Wilda, p. 346.

^ Compare, for what is said in the following, the Gild Statutes contained in
Mr. Smith's collection, the Introductionby Miss Smith, pp. xxviii-xlii, Wilda,
pp. 344-375, and Ouin-Lacroix, Histoire des anciennes Corporations d'Arts et
Metiers et des ConfrSries religieuses de la capitate de la Normandie, Rouen, 1850,
pp. 411-542.
^ The modern is the march of the members of the English
representative of this
village Benefit-Societies tomorning service at their church before the midday
dinner, the cricket match and games of the afternoon, and the evening dance.
F. J. F.
* The reason why there is no patron saint mentioned in the case of the Gild of
the Smiths of Chesterfield (see Mr. Smith's collection, p. 168), seems to me to be that
this Gild does not, in the account given of it, appear any more as an independent
Gild, but simply as a subdivision of the Gild of the Holy Cross of the Merchants of
Chesterfield. Before it joined the latter, it had been likewise under the patronage
of the Holy Cross, as is proved by the members " worshipping before the greater
cross in the nave of the church of All Saints," and by the " lights to be burnt
before the cross on the days named." But after it had become a mere subdivision
of a Gild under the same patronage, a special mention of the patron was no more
required, and, for the sake of discriminating it from the rest, it was simply called
the Gild of the Smiths.
^ See, for instance, p. 14 of Mr. Smith's collection. ^ Wilda, p.
347.
/2
-
IxTxiv II. TIIK nKI.KUOrs (OK SOCIAL) 0!U)S.
Ill
* "
' . tin* (iiKl-l>ntlu'rs tluTi'lnn* rosolviHl
t< ,
_ ititMi, (< I'ljH't aliliTiiiru, to lu'jîn a
(iilil-txKtk, &o. Hfsiih'H for tle Hfttin^-uj> of candlop, tho nuMii-
Wrs unit*"*! also fur s|KH*ial lrvotions to tlu'ir ]);triis; and amono^t
tilt's** Ciilils must In* naiiUHl, aUovo of thoall, llu' fratcruitii's
H*siiry, as tlioj5< wiiK*8t sj)rt*atl since tho days of St. Poniiiiic.
Further, the (Jilds jyot mnss*s tâid in honour of their patrons, and
went in solemn ]m>ct*ssion to their ehurehes on the days of their
feasts. Convtntions like that letwe*'n the fraternity of Jjondon
Satllerp, and tho noi^hbourinj^ Canons of St. Martin-le-Clrand,
l>v which the Sadlers were adinitte<l inl< hrotherliood and |>art-
ncrship of masses, orisons, and other j^-ood deetls, with the canons,
were common with those relij^-ious (Jilds. They further ohli^d
their memhers to enjâfje in devotions and divine services for the
souls of their departed brethren, and often, also, to aid j)il;^'-rims
and pili^rima^^'s \ csjx'cially to some most revered places, as, for
instance, to the Holy Land, to the tombs of the apostles Peter and
Paul, or of St. James [of Compost ella), to Loretto and other ])laces.
But, as Ilincmar pointed out, the " o^j.sequiian re/if/iofiis ^^ iii-
eludetl not only devotions and orisons, but also every exercise of
Christian charity, and therefore, above all things, mutual assist
once <f the (lild-brothcrs in every exi<4"ency, especially in old
agê, in sickness, in cases of iini)overishmcnt, if not brought on

by their own folly. and of wrongful imprisonment, in losses by
fire, water, or shijtwreck. aid by loans, j)rovision of v/ork, and,
lastly, the burial of the dead. It included, further, the assistimce

of the ix>or and sick, and the visitation and comfort of prisoners
not belonging to the Gild. And, as in tlu* Middle Ages instruc-
tion and edut-ation were entirely' supjilicd by the Church, and
were con>idered a religious duty, we iind among the objects of
religious Gilds also the aid of poor scholars, the maintenance
of schools, and the payment of schoolmasters.
No Gild pursued all these objects together; in each separate
Gild one object or the otlier predominated, and, besides it, the
Gild pursued several others. But often, too, we find Gilds for
the fulfdment of quite a concrete and merely local task, as, for
* Mr. Ludlow's suggestion {fortriifjhthj lievieio, vol. vi., N. S., p. 399), that the
aasiatauce of pilgriiiiH "is probably the ori^-iii.al of what is now termed 'donation*
to 'travellers,' or 'tramps,' or sometimes simply 'tramp-money' i.e. relief to
members going in search of work," can hardly be serious. Craftsmen travelling
in search of work were at least not usual in England in the fourteenth century,
and perhaps even never as long as the old system of industry prevailed whilst ;
a glance at some ordinances relating to tlie relief of pilgrims, even among the
8tatute8 of Craft-Gilds (such as, for instance, on pp. 180, 182 and others of Mr.
Smith's collection) might convince Mr. Ludlow of the real nature of these pilgrims.
(The 12 Richard II. cap. 3, rerpiiring a Letter-Patent from wandering labourers,
evi lently refers to agricultural labourr^rs only.) See v^ dditionrvl Notes, No. 4.
II. THE RELIGIOUS (OR SOCIAL) GILDS. IXXXV
instance, the Gild of Corpus York. I am ol^liged on

Cliristi at
this account to make some
observations against Mr. Toulmin
Smith, thoiig'h I do it with extreme unwillingness; for nobody
can acknowledge Mr. Smithes great merits in making this collec-
tion with greater thanks than myself, and I am most keenly
alive to the fact that it becomes me, least of all, to enter
into controversy against a man of such learning, especially in
this place. But Mr. Smith has so strangely misconceived the
character of this Gild ^, that I think it absolutely necessary to
correct him.
The case with this York Gild is simply this. In all Koman-
Catholic coimtrics the consecrated host is carried every year on
the day of Corpus Christi, by the priest of highest rank in the
place, in solemn procession, in the towns through the streets,
and in the country over the fields. This is one of the greatest
feasts of the Roman-Catholic Church. To heighten its solemnity,
all the pomp which the Church can command is brought together.
With this intention the clergy of York founded a special Gild,
of which the sole object v/as to provide the ceremonies and pomp
of this festival. As the solemnities of one of the greatest eccle-
siastical feasts were in question, it can easily be understood that
those who were at the head of the Gild were priests. Moreover,
the reason why the many crafts of York joined so generally in
this procession, was neither '^ the love of show and pageant which
it gratified," nor was it ^^ the departure from the narrow spirit
of the original ordinances,^' but simply that the taking part in
this procession was considered as a profession of faith in transub-
stantiation. I have m3^self seen at Munich, the King, the
Ministers, the whole body of clergy, the University, all the
Trades with their banners and emblems, all the Religious Frater-
nities, the Schools, and even the Army, taking part in a like pro-
cession ; and that at Vienna is renowned for still greater pomp.
As there were Gilds for conducting this procession, so there
were also Gilds for the representation of religious plays, which
were common in the Middle Ages in all countries, and which are
still performed in some places, for instance, every tenth year at
Oberammergau in Southern Bavaria. Such were the Gild of the
Lord's Prayer at York, and the Gilds of St. Elene, of St. Mary,
and of Corpus Christi, at Beverley ^. The performance of secular
plays was also the object of some Gilds, for instance, of the Gild
at Stamford ^, and of the Con/rerie des Conards at Rouen *.
* See pp. 140-143 of Mr. Smith's collection.

^ See also Blomefield's account of the Gild of the Holy Cross at Abingdon, in
his History of Norfolk, iii. p. 494.
^ See
p. 192 of Mr. Smith's collection. * Ouin-Lacroix, p. 493.
;
\X\XY\ II. TUB RRUOIOrS (OR fOr!AI.) 0II.D8.
^! ^' ^' ^ '

ni ini<i< i for wliich now-n-(ljiy
iiH provide. for instanrt', tlic
vuriouH iiuiunincc ctunpaniOH, in the MiMlr A'^vh ciiusrd all
\'' won^ int*TfnttHl in tmilo tiniiisclvrH to n'liyioiiH
tlu-in to
Ci.tls; tho motive ami tln' urinfiploH only wtMO othor tli.in
those* of to-<lay, nanu'ly, Christian charity, instoacl of profit.
Thu there were not only (Jilds like tho " FratrrtiifnM nd .7w//-
f'-
'
^T pelfam Sf. (itrfrudriM^*' hut also those for tho repair

and hij^hways^. llio National Lil'o-H(at Institu-
tion of to-day would uudouhtiHlIy have l)cen a K'li;îou8 (lihl
in the Middle A;^\s t^) he eonvincid of it
; one need only look
at the statutes of the (iild ol" the Holy Trinity, AVy*^nale,
Norl'olk J. Even at the j>resent time I know of societies similar
to thi^se Gilds amon^'' the C;itholics. The Roman-Catholic
|Uishops of (lemiany lounded, a few years ap;-o, the apsociation of
St Catherine all over (iermany, with a fi^reat number of local
hninches, for the foundation of a Roman-Catholic University.
T-\ry memher is botind to a minimum contribution and to
( :tain devotions. The Bishop of llijipo and Taiâste lounded,
t>l>c(ially in France, but with branches extending;' to other
countries, an association under the siime obli^-ations for the
erection of orphan-houses in Afric a and similar to these there ;
exists still now an infinite number of associations in the Roman-

Catholic Church. Like these last-mimed examjdes of to-day,
the me<li:cval (iilds always connected sjx'cial devotions and good
deeds with the pursuit of their princij)al object.
When the Frith-Gilds originated, after the family had ceased
to afford its members necessary protection, they also, as well
as the Craft-Gilds in later times, connected wnth the pursuit of
their jwlitical and industrial objects certain devotions and good
deeds ; and it has therefore been justly observed, '' that it was
not till the times subserpient to the Reformation that these
fraternities could be regarded as strictly secular.^' These reli-
gious provisions in all kinds of Gilds were probably the reason
why Îr. Toulmin Smith has given the name of Social Gilds
to those which provide for other common interests besides the
]>olitical and industrial ones, instead of teiming them '^ Religious
Gilds," as wâs usual till now. His name for them is undoubtedly
a just one, but it comprehends the ])olilical and industrial Gilds
as much as the one used hitherto; for the bases on which these
Gilds rested were the same social principles as those by which
the rest were guided. It distinguishes the two kinds even less
for though there were religious pro^dsions in the political and
* WilJa, p. 349. * See p. 249 of Mr. Smith's collection. ' See p. 1 10, ibid.
:
II. THE RELIGIOUS (OR SOCIAL) GILDS. Ixxxvii
industrial Gilds, yet these were always only of less importance,

whilst the other Gilds pursued regularly as principal objects
things^ the provision for which was considered in the Middle
Ages as an essential religious duty and task of the Church '^.
Though I acknowledge the justness of Mr. Smith's appellation,
I prefer the one which Madox uses, and which is also in use in
all other countries.
People of all ranks took part in these Religious Gilds. Now
and then, however, people out of a certain class were not to be
admitted ^. The same person might take part in several reli-
gious Gilds. The members had often a special liveiy, as is still
now the case with some fraternities at Rome. These liveries were
worn on their ecclesiastical festivals, and probably also at the
great feastings and drinking-bouts which were always connected
with them. Notwithstanding all the prohibitions against the
latter, since the days of Hincmar, they seem to have so pushed
themselves into the foreground, that sometimes special references
were needed in the Gild statutes, that " not eating and drinking,
but mutual assistance and justice were the principal objects of
the Gild ^."
The expenses to be defrayed for attaining the objects of the
Gild were provided for by the entrance-fees, the contributions,
the gifts and the legacies of members. The contributions were
sometimes fixed, but sometimes, especially in earlier times, they
varied according to the wants of the Gild. The account of the
Gild of the Smiths at Chesterfield is the only one in which there
are no contributions mentioned * ; it had its own property, from
which all its expenses were to be defrayed; it had, however, to pay
with bankruptcy for this deviation from Gild principles. The
organization of the Religious (or Social) Gilds was the same as
that of all Gilds up to the time of our modern Trade-Unions
a meeting, and officers elected in it, with fines for not accepting
office when chosen to it. Often the members had, on their
entrance, to declare by oath that they would fulfil their obliga-
tions. Persons of ill repute were not to be admitted ; and mem-
^ AsI discussed this subject a little with Mr. Toulmin Smith,
I think we
settled the
name together, I may say that he looked at the main object of the
Gilds he was dealing with, those of A.D. 1389 ; and as that was unquestionably
social, like that of our modern Benefit-Societies, he gave these Gilds their right
name. To have called them " Religious," because of their ornament of a saint's
name, would have seemed to him and me a monstrous contradiction, in the days
of Chaucer and Wycliffe, of William who had the Vision of Piers the Plow-
man, and others who have left us records of what Romanism, with its monks

and friars, practically then was in England. F. J. Fdrnivall. See Additional
Notes, No. 2.
'^
See p. 179 of Mr. Smith's collection. See also Wilda, p. 361.
3 See Wilda, p.
33.
*
p. 168 sqq. of Mr. Smith's collection.
;
UxXViii II. TUB UKUIIIOI'8 UII.U8 : (ULI>H OK TlIK KAl.KNDKRS.
bcr were to lc oxcIiuUhI for miHoomliict. Mon'ovrr, the same

nil(*fi an to lo fmiml with rtjfnnl to propor and drocut
lMluivioiir
dnii at tlu' (ii!il-iiuvtii);f!<, im n*<>iir in all kinds f (lilds t<> our
<
day. l>;-i. ifrs ninon^ nuinUTh wire to U* dotidi'd ly tlu* (Jild.

The il ij ff tlio adnirB of the Gild wan to Ko Kevertdy
{ninisluil. In tlioso platuti in wliicli tlu* (lild liad no nprcial
lall, nuvtinj^ wrrr oIîmi lirld in tlic Town-liall '. The
it8
fnilernilii* must aivonlinj^ly have onjoxnl lii;h cnusidrration.
A to the CiiUls amonj; tin* tder^y, the Cai>itularie8 of llinc-

mnr whieh, a* saitl al"v', rr]af4'd to tlicni* cnntaiu ordinances
aînht the and at
extniva;7Uiei's of the |trii'sts at funeral nuals,
the fiaslingps whieh used to follow their meetings, especially
thoee of the j>riests of a deanery (or diaconasia), on the first of
each month. No priest wa< to <j-et drunk at them, nor was he to
empty p>blets to the health of" saints or of the soul of the
di*ctastHl nor was he to force others to drink, nor get drunk
;
himsidf at the desire of others. The ])ri(sts were not to burst

out into indecent noise or roaring laughter; tluy were not to
Fing vain songs nor tell inane jokes nor were they to allow ;
scandalous jK-rformanccs of beai-s or female dancers to be made

bvfore them, nor delight in other mumnieries, " bi cause this was
hiatheni.-h, and forbidden by Caium law." Nor were they on
every occasion to j^rovoke each other, or anybody else, to passion
and <juarrels, and still less to fighting and murder; nor was he
who wa^ j)rovoked to assail at once his i)ruvoker. On the con-
tniry. the priests were to breakfast with honesty and fear of God
holy stories and admonitions were to be read, and hymns sung,
and ever}' one was to go home in good time. Exactly the same
oitlinances are contained in the C'a]>itularies of Bishop Walter of
Orleans'', which likewise bear date in the year 858.
These passages do not, however, contain anything from which
the existence of a Gild amongst these priests can be inferred
for the extravagances mentioned might be connected with any
kind of meeting. In later times, however, the clergymen assem-
bled on the first day of each month to deliberate on their interests,
were united in special fraternities, which, from their meeting-day
on the Kalends of each month, were called " Gilds of the
Kalenfler.s." It is genei-ally inferred from this, that probably
even in Ilincmar^s time the j)ri sts bound each other by mutual
agreement to pray for their salvation, and to observe certain
* See Wilda, p. .^48.

* L.iVlei Concilia, ed. Coleti, t. x. cap. 14, p. 4: " Quomodo in conviviis de-
functonun, aliarumve collcctarum gerere se debeant." Cap. 15: " Quid cavendum
sit prewliytrif, quando per Kalenda inter se conveniunt."
' Ibid, cap.
1 7, p. 73

Quomodo in consortiis et conviviis gerere se debeant."
:
II. THE KELIGiOUS GILDS : GILDS OF THE KALLNDEllS. Ixxxix
rules with respect to their meeting's and these meetings are ;
accordingly believed to have been Gild-meetings of the clergy.

This is nothing but a mere conjecture, it is true. But it is also
true that, in later time, the members of the Gilds of the Kalen-
ders used to assemble on the Kalends of each month for divine
service, for deliberation on their interests, and for common meals,
like the priests in the time of Hincmar. In a deed of the fif-
teenth century they are still called "fratres in calendis missas
celebranles ^/' In any case, therefore, the name " Gilds of the
Kalenders " seems to be derived from these monthly meetings.
In later times the objects of these Gilds were extended to the
exercise of any good works, especially towards the Gild-brothers
themselves, as for instance, the distribution of loaves among
them, and also to the assistance of the poor, the furnishing of
church-attire ; and these Gilds, as is shown by the Statutes of the
Gilds of the Kalenders at Bristol ^, employed themselves even in
the keeping of old records, and in the maintenance of schools.
Now and then the Statutes of these Gilds remind their members
expressly, that their fraternity was erected " non sohim pro com-
modis prasentihus, et lucris temjjoralibus iiihiandis, sed magis pro
beneficiis celestibus et perpetids^ ;'' and especially with regard to
the great fcastings of these Gilds, such admonitions may not
have been out of place. Most of the Statutes of the Gilds of
Kalenders have, for the regulation of their feasts, a special bill of
fare, as an appendix *. In some Gilds there were special stewards
to provide for these meals, and then the expenses were defrayed
by common contributions ; in others, some of the brethren and
sisters, each in their turn, had to prepare the meal from their own
means.
These fraternities existed originally only among the clergy.
In later times laymen too took part in them and then the only ;
distinction of these Gilds from the other religious fraternities

was, that the clergy prevailed in them, whilst proportionally
only few clergymen belonged to the others, and were even some-
times expressly excluded from all offices ^. The only account of
a Gild of Kalenders contained in the present collection of Mr.
Smith, that of the Gild of the Kalenders of Bristol, belongs to
this later time. Often the number of members was limited in
these Gilds, sometimes to the number of the twelve apostles,
sometimes to twenty-four. In this case the number of lay mem-
bers was ahvays fixed in proportion to that of the clerical mem-
bers. Thus the Gild of St. Canute at Mensburg consisted,
^ Wilda, p. 352. ^ See p, 287 of Mr. Smith's collection

3 Wilda, p. 356. * Ibid. p. 365. ^ See p. 264 of Mr. Smith's collection.

XO II. TUB RLiaiOl'8 011.116: 01U)6 OF TliR KAl.KNDRn^.

acrortlifif? to itn Statnto** from Uio yrar i\^2, of twcnty-fmr
pricKtA ; luitwlioncvor tliin ininilHT omiM not l>o filKd up, laynion
111 i^'ht \h* tiilinitttHl, hut only to tlio numU'r of ciy^ht, iii tlio out-
Mi'. 'V\u* wivi-H of lay mm wrn*, li(\vrv<T, i'xrlnlnl fnun tlio
nuvtinjjs till tho yt'ar 1422. In this yrar, tlu (JiM-liouk nar-
rat*ji, the cwloninstinil hrothors wore niovinl hy tho jiniyors of the
lay hr'thTs, n'|H'tt'<l for srvi-ral yoars. t<> ^ranf tlir inlinissioii nf
tlicir ^Niviv to the intals aft4'r the piicral lufitin;,'^. There was,
however, to be one ioiulition the wife of the lay hrother, whose
:
turn it was, was ohli^^cil to j>rnvi(le the meal, and to wait at

tahlo. 'Ihe mayor and his wife were to have the first turn ^
The laymen, however, always remained in a Ru])ordinate jmsition.
At the meals they had seats sejKirate from those of the priests,
i>nhahly lu'eaus*- the latter talked oNcr their alliiirs at ta1)Ie, and
in the delilKTatiuns the laymen liad no vote. As anionLj- the ether
R<di'ious (iilds, there were speeial ones for various classes and
ranks, so theiv existe<l also Ciilds for the higher and the lower
clerj^*, the so-c^HihI Major and Minor (iilds of the Kalenders.
One Gild of Kalenders existed in almost every town in the lar^êr ;
t<wns even more. The orânization of the (iild of Kalenders was

the same as in other (Jilds. Often the president was ealled Dean
perha]s a remnant of the ori<4-in of these (Iilds.
Often, too, the
Gilds of the Kalenders had halls like the other Gilds; and, as in
the lay Gilds, the hrothers of the ecclesiastical (iilds used to go
there daily " to heer and to wine.''
The Reformation shook the whole system of Gilds to its foun-
dation; and this was especially the case with the Kelig-ious
(iild< of the hiity, and the (iilds of the Kalenders. "In Knj^-
lan<l," Kiys Madox -, " these Religious Gilds have heen jud^^dl to
be founded in suj>erstition ;^' and it was the same in all coun-
tries in which the Reformation fâined f^-round. The Gilds were
therefore abolished in all Protestant countries; but not on the
Continent as in En<^land, in favour of the private purse of the
Kinîf and his courtiers**; on the contrary, we see in Northern
CJermany and in Denmark, the property and income of these
(iilds delivered everywhere, according to the intention of the
founders, to the common treasure for the poor, to poor-houses,
hospitals, and schools'*. It is very interesting to see that the
regidar C(mventions of priests are found in Denmark even in the
sixteenth century, after the introduction of the Reformation ^.
They were still called by the same name, " Gilds of the Kalen-
* WiMa, p. 359, ' Firma Durni, p. 27.
' By Act 37 Henry VIII. cap. 4, and Act i Edw. VI. cap. 14. See Miss Lucy
Toulniin Sinith's Introduction, p. xlii.
' Wilda, pp. 372, 373. 5 Ibid. p. 353.
II. THE RELIGIOUS GILDS : GILDS OF THE ICALENDERS. xci
ders/' though they were held no more every month, but only
once (or several times) a year. The synod at Rothschild ordered,
that they should also take place in those provostships in which
they had not existed till then, that the ministers might remain
united in doctrine and ceremony. Nobody was, however, to be
burdened with the preparation of a meal and no stranger to the
;
place, and no foreigner, was to be admitted a member of the

Gild. The conclusion of another synod says " When a priest
:
goes to the meeting, he shall not be armed. During dinner they

shall abstain from scandalous talk, drunkenness, and unseemly
disputes ; four dishes and no more are to be served ; and towards
evening everybody is to go home.^'' A former synod, of the year
1562, had already forbidden the abuse of prolonging these con-
ventions for two or three days. Pontoppidan^ describes these
conventions as they took place in the age after the Reformation,
as follows ^'The priests, together with their wives, heard a sermon
:
in the church of the brother whose turn it was; they then

proceeded round the altar, deposited there an offering on behalf
of the poor scholars of the next town ; the conclusions and pro-
ceedings of the foregoing provincial synod were then recited, and
their other affairs talked over and put in order. After this they,
together with their whole families, went to the parsonage, where
they indulged a little at dinner, ' iyi bona charitate' sang certain
songs at meals, and made themselves merry in other wise ; but
sometimes quarrelled also scandalously, and made a great uproar."
The resemblance of the synodal precepts mentioned above on
this page to those which Hincmar of Rheims gave earlier in the
ninth century to the ^^ preshyteris^ qiii per calendas conve7imnt" is
striking. It shows clearly that after so many centuries these
meetings were still held in the same way, and that the same
abuses ^ had to be opposed.
When the zeal against everything connected with Catholicism,
inflamed by the Reformation ^, had cooled down a little, the old
* Pontoppidan, Ann. Eccl. Dan. iii. p. 47.

^ In the year 1598, a parson at Ewerdimp had to prepare the meal at the
meeting of the Kalenders. What was wasted there is to be found minutely in
Pontoppidan, Ann, Eccl. ii. p. 47. There were consumed, among other things,
one head of cattle (at the price of 18 marks), six lambs (12 marks), two fat swiue
(20 marks), seven geese (7 marks), ten pairs ot fowls (3 marks 12 sliillings), three
tuns of beer of Rostock (33 marks), and two tuns of homebrewed beer (10 marks).
The whole meal cost 156 marks i shilling.
' Compare excellent Parson Hari-ison " Our holie and festiuall daies are verie
:
well reduced also vnto a lesse number for whereas (not long since) we had vnder
;
the pope foure score and fifteene, called festiuall, and thirtie ProfesU, beside the
sundaies, they are all brought vnto seauen and twentie and with them the
:
supei-fluous numbers of idle wakes, guilds, fraternities, church-ales, helpe-ales,

and soule-alea, called also dirge-ales, with the heathenish rioting at bride-ales, ai-e
Xcii II. THE KJILlfaOl'S (UK 80('IAI.) OILDS.
iitocuit< folt iminfully the want of thoir frmrr onnvivi.il ^r-'t^^r-

ings. GiKIti wrrt* tlion*frp n-ostallis!H*<l for 8<K'ial |ur|)<>srs, and
our t'lul>s and casinog of to-day.
frtmi this |nl>;illy >riînattHi
Of tin* CH-oniml natinr of throld (Jilds tlun* is, liowi'vcr, no other
tiacH^ tn Ih? found in tlnw nuHhrn n'|n's'nlativrs.
Thf jjri'at anah>*y In^twivn tlio nnHh-rn l''ri'iidlv Sot'ictiort
and Xhv old U^'Iio-ious or S<H'ial (iihls. \v,\n Imm'U alrcjidy pointed
out by Sir Fri'ih-riek Kden '. He also pronounees tlie ojinion,
that " not wit hstandin;; tlio unjustiliahh> confiseation of tlie pro-
porty of the (iiUls unthr Henry \ III. and IMward \'I., there is
every reason to su|'j>ose that })rivate assotiations, on a more
oontniet<Ml seale than the aneient (iiUls, eontinued to exist in
various jwrts of Kno^hmd," and " that it is extremely prohahU',
that nianv of tliese Societies ji.e. the Ciilds], even after the con-
fiscation of their lands at the disjôhition, continued their stated
meetinj^ in the common room, or hall, for the pur]>oses either of
charity, or of conviviality '." An ahlc articU' in the QunrtcrJif
"
Herieic for Octoher, 1864, on '' \N Orknien's Benefit Societies
(p. 318), n'fers also to their analogy with the Gilds. The latest
comj>arison between both has been drawn, with reference to
the (lild-statutes contaiiu d in Mr. Toulniin Smith's collection,
bv Mr. J. M. Ludlow, in the Fortnujliilij Review for October,
1*869.
well diminuibcd and laid aide." HarriBon's Description of England, a.D. 1577-87,
in HolinHhed, vol. i. p. 138, col. a. (On Wakes and Church-ales, see Stubbcs's

Anatomit of Abtisa, pp. 177, 173 of tlie 1836 reprint of the fifth edition.) F.J. F.
* StaU
of the Poor, vol. i. ch. iii. ' Ibid. p. 597.
. XCIU
III. THE GILD-MEHCHANTS.

Those sworn fraternities for the protection of right, and
the preservation of liberty, of which mention has ah*eady been
made in Part I., arose independently of the towns. Yet in the
towns, the necessity of protecting liberty, property, and trade,
against the violence of neighbouring nobles, the arbitrary
aggressions of the bishops or the burgrave, or the bold onsets of
robbers, or as in the case of towns which sprang from the
settlements of traders in foreign countries against the on-
slaughts of the surrounding and often still barbarian inhabitants,
often too the feeling of insecurity within the towns them-

selves, must have specially moved the small freemen to the
formation of the societies above referred to. These inhabitants
of the towns were old free landed proprietors; partly of the
neighbouring estates, but chiefly of land within the territory of
the towns themselves. Most of them carried on trade; some
probably also handicrafts. But the possession of town-land is the
distinguishing mark of these earliest burghers. To this posses-
sion alone was full citizenship everywhere attached in the first
movements of civic life. Hence, whilst the dangers just men-
tioned as threatening liberty and property made it necessary to
provide means of protection, and whilst the possession of soil in

the same small territory indeed, within the walls of the same

town, together with the similarity of occupations, increased the
community of interests, close vicinity of residence made easy
the conclusion of alliances. Naturally therefore, the whole body
of full citizens, that is, of the possessors of portions of the town-
lands of a certain value, the '^ civitas" united itself everywhere
into one Gild, ^^ convivium conjuraUim ;'' the citizens and the
Gild became identical; and what was Gild-law became the law
of the town.
Such Gilds existed in England even in Anglo-Saxon times, as
the formerly-mentioned Gilds of Dover, of the Thanes at Canter-
bury, as well as perhaps the Gild-Merchant at London *, together
* W ilda, p. 244 ; Firma Burgi, p. 26.

;
Xciv ( 111. THE 0IU>-I1K1U-||ANT8.
with iiutnv othcn*. of whii-li only liit'r lu'fouiits nro oxtaiit.

Such also won* the (JiM-Mfrthant of York ', the j^n-at (iild of
St, John at IWvorK'V, of Xho IlanHhoiim* of HfVcrhv, ns wi-ll aw
that of the HIi'SM.xl Mary of (^lu>tTliiM, thoii,^h lluv-c woro of
m somewhat hitor |HTiKl '. The Old iKi^^t's of NVinclHstcr, too,
contain many intimations of a fonner nOationship of this kind
liotwivn the Ciihl f Monhants tluMV and tlu* whole body of
the citizens-^; and the same is true of the Ordinaneesof Won es-
ter*. One of the documents lelatiu','" to these (iilds eon1jiine<l in
this volume, contains the grants of lilteilies, and of a (iild, to the
townsmen of lieverley, similar to the <^rant of eivie eonstitti-
tiins to several (ierman towns,
as, lor example 1o Liiheek,
acconlinr to the municipal laws of Socst, to Freihur*^ accord-
in;^ to those of Cologne ^.
and to the ^rant of communal
ri^ht8 io the ix?oj)le of Kheims, '* r/^/ vioduni counnunue Luudini-
ensU^** (Laon), by Louis \ II. of France. By this document, on
p. 151 below, 'nuirstan, Archbishop of York, fii-rants to the towns-
men of Beverley, a (Jild, and ^' all liberties, with the sam' laws
that the men of York have in their eily."' 1^'^^^ Henry I., as
well as Tliurstan's 6UCcesôrs, confirmed this Beverley ^rant
and there is even a document. statin<^ its eonfirniation by Pope
Lueius III. Fntm this kind ol' (iild sprang, in England, the
method of reco;,'^nizin^ the citizens as an independent body, by
contirmin^ their Gild '.
The same relationsbij) between the (iild and the town com-
munity existed in France. In Paris, the ;;;ovcrnment of the
town lay in the hands of the inercaiores aquce^ who formed the
municipal body. In the eleventh and twelfth centuries,
esiK'cially in the North of France, a])pcar unions of the I'ree
* WUda, p. 250.
ErnjUth O'ikU, pp. 151 and 165. (By the quotation English Gilds is always
'
meant the Statutes contained in Mr. Touhnin Sniitli's collection.)

' Cf. ibid.
p. 357. The Usages date from a time in which the commonalty of
Wincheter enjoyed already a share in the govemnieut of the town. Yet the
members of the old Gild of Merchants appear still .is its governors ; it is from

amongst them ("the nieste gode men," an expression which occurs frequently
alao in Germany and Belgium for the patrician families) that the Council of the
Mayor, and the twenty-four sworn men, are taken and these exercise a vast
;
influence at the election of the Mayor, and on other occasions. (Cf. EwjlUh
Gild,', p. 349.)
* En/jlt4'h Gilds, p. 369.
* Cf. Wilda, p. 221, &c., and p. 231, &c.
* Raynouard, J/ietoire du Droit Municipal en France, torn. ii. livre iv. ch. i.
10 ^ Paris, 1829).
'
Madox, Firma Buryi, p. 27 " Perad venture, from these Secular Gilds, or
:
in imit-itiijn of them, sprang the method or practice of gildating and embodying

whole towns."
* Raynouard, tom. livre iv. cli. See also Wilda, pp. 239-244.
ii. i. 9.
III. THE GILD- MEllCH ANTS. XCV
townsmen, in order to protect themselves against the oppres-

sions of the powerful, and the better to defend their rights^. So,
in 1070, the citizens of Mans established a sworn confederacy,
which they called commune^, in order to oppose the oppressions
of Godfrey of Mayenne. The people of Cambrai did the same
against their bishop in 1076, during his absence and as he, ;
on his return, refused to recognize their confederacy, they shut

the gates of the town against him. An affair of the same kind
had taken place there already in 957 ^. These instances might
be multiplied. The numerous grants of communal rights to
French towns from the eleventh to the thirteenth century, are
nothing but the recognition by the king of such Frith-Gilds
as had been previously in existence for a longer or shorter
period. Kings, even when they did not favour Gilds upon their
own demesnes, generally did so upon those of the nobility, whose
power they wished to break*. But everywhere then, as in later
times upon the formation of trade-unions, many transitory
confederations, many unsuccessful attempts, and a great expendi-
ture of courage, magnanimity and energy, preceded the per-
manent establishment of the communes.
Thus, in 11 88, Count Philip of Flanders confirmed to the
town of Aire in Artois, its laws and customs, such as his pre-
decessors had already granted and recognized to the citizens,
in order to secure them from the attacks of ^' wicked men ^."
These customs were those of the Amicitia, the Gild of citizens,
which had been established by them probably even before the
time of their first recognition, for protection against attacks from
without, and for securing peace within. What the Amicitia was
for Aire, the so-called Vroedscapen were for the towns of the
Netherlands ^, the Hezlagh for Sleswig"^, and apparently the St.
Canute-Gild for Flensburg^. There are hardly any records
bearing reference to Gilds in Germany in the tenth and eleventh
centuries; probably because they had disappeared from public
notice in consequence of the measures taken against them by
princes and bishops ; yet the relations existing at a later period
between the " highest Gild^'' and the town, leaves no doubt that
* See the account of the grounds of ratification in the Charters of the French
Kings. Raynouard, torn. ii. livre iv. ch, 7.

^ In Belgium and Germany it was only the unions of the lower classes which
were called communes.

^ Cf Moke, Mosurs, Usages, Fetes et Solennites des Beiges, Bruxelles, ii. p. 6.
* Raynouard, torn. ii. livre iv. ch. 7, 8 Wilda, p. 152.
;
' D'Achery, Spicilegium (ed. Paris,

1723), torn. iii. p. 55.^: "Quas ob injurias
hominum perversorum propulsandas .eis indulserunt."
. . See also Wilda,
pp. 147-151-
" Wilda, p. 151. ' Ibid. pp. 77, 152-158. **
Ibid. p. 158, &c.
Xvy\ 111. Tlir. ()II.l>-MKI(( IIANTH.
f
h^re too the fJiW wau thepTin of tlir town-fonslitutioiis*. " Hut
thi" rniîia. tlint iimny townn in Frnino (an evrn Piiris, and nlnioHt
in like manner in Kn^hind. liondon) had municipal (HinstitutionH,

^" *^ oiiimuno >r (Jil(i rviT having" lufM ^^mmtril to tlicm,
* *
<
n in till' ijut, that tlir (iililH I'xi.stt'd tlicn- Kclnrf

German mtuneipalism Iiad come into iH'inp, and that tlir hitter
had dcvoh]H'd itt^'li* unn(ti'tNl out of the former-'/' This niav also
be said of the jjreat towns of Flanders '. Of London, more anon *.
The earlit^t notice of such a To\vn-(iild uj)on tlu Continent, of

that in SletJ\vij, eontains a nohle instance of a daring fullilment
of the duties imjmscd iijion the (lild-hrothers. Maj^-nus, the son
of Kin^ Nieludasof Denmark, had slain the Duke Canute Lavard,
the Alderman and protector of the Sleswio; (lild. AVhen Kinjif
^^
in 1
' '
ô, <ame to Ilcthehy (that
!-. I is, Sleswi^), his
I. .. advised him (as an old Danish chronicle relates; not to
...IS
enter the town, for the townsmen put in force the law with
extreme severity within their Gild, called Ilezlagh, and did not
sutfer any one to remain unpunished who had killed or even
injured one of their lirethren. Ihit the kin;^ despised the warn-
inj:*, saying', " \Vhat should I ftar from these tanners (pelipers)
and sh(X*niakers?" Scarcely, however, had he entered the town,

when the ^tes were closed, and at the sound of the (jild-hell the
citizens mustered, seized upon the king, and killed him, with all
who tried to defend him 'Jlius, even at the hegînning of the
''.
twell"lh century, the (iilds eujoyed in Denmark such respect, that

the lord of the land, Duke Canute, was pleased to hecome their
Alderman and they had such power that they could venture to
:
revenge, even ui)on a king, any violation of the law committed

on a memher of their great fatnily.
The Sleswig Gild was called J/e:/af///, that is, either sworn Gild,
convivintn. conjurafum, or highest Gild, summiun convivium . If
the latter, other Gilds must have cxist(*d hesidcs it. Although
the hody of citizens and the Gild originally included the same
|>erson8, yet the quality of heing a full-citizen did not of itself
include the fellowship of the Sworn-Gild for this a special ;
acce])tance was re(juired. Now, as the towns flourished and

increased in well-being, material differences in property must
have arisen among the full-citizens partly through the
failure of individuals in the race for wealth, partly through the
settlement of new poor families in the town which could not
but have a lowering effect on their occujjations". This led to
* Wilda,
p. 170. Comj)are also Arnold's VcrfassunfjiGeschichte der deaUchen
PrrittaetUe, 1854, i. p. 401.
' Wihla,
p. 152. ' Moke, i. 191. * See
pp. xcviii, xcix of this work.
* Wil.la.
p. 71. Il>i(l. p. 72. ' Arnol !, ii. p. 20S ; Moke, i. p. 179, ii. 107.
;
III. THE GILD-MERCIIANTS. XCvii
closing tlie old Gildwhich hitherto had existed alone in a town

by the side of which others then formed themselves with the same
or similar ends. But the oldest Gild maintained a very natural
precedence over the others, and was even called the " higher^'' or
" highest ^ Gild.'''' Gradually, some system of hereditary trans-
mission of the freedom of the Gild came into existence de facto^
in that the son generally entered the fraternity to which his
father belonged the sons of Gild-brothers were naturally more
:
willingly accepted than other new members, and, later on, the
conditions of entry were rendered more easy for them. Thus
originated a certain circle of families which from generation
to generation belonged to the highest Gild, and continuously
constituted its stock. The oldest Gild remained no longer
equivalent to the whole body of citizens; the Full-burghers
Gild became the Old-burghers Gild, and according to place
and time its development became more or less aristocratic ^.
In Sleswig, when King Nicholas was slain there in 1130, the
Gild still included the whole body of the citizens. The Chronicle
at least speaks of the citizens in general, who mustered at the call
of the Gild-bell (the town-bell) ^. On the other hand, in Germany,
at a somewhat later period, the government of the town is every-
where found in the hands of a " highest Gild.^^ In Cologne the
RicherzechJteit^ or Gild of the rich, sumnium cofivivium, occupied
the municipal offices. In the eleventh century, during the
struggle of the Cologne people against their bishop, Hanno,
there was still only one Gild, which included the whole of the
citizens :

at least, there is no mention of patrician families. But
by the end of the twellth century this Gild had become a stcmm?(m
convivium *. The government of the town rested exclusively with
a " patrician-aristocracy,^'' the Richerzechheit, which had already
grown insolent, exercised an oppressive sway, and looked upon
power as a lucrative monopoly. This led, in the thirteenth century,
to violent revolts of the craftsmen, particularly the weavers, who
were especially thriving there. They were no longer willing to
bear alone the burdens of the Commonwealth, but desired a share
in the administration, at least in what concerned the management
of the city household, and especially as the " Old-burghers^^ con-
tributed least to the payment of the taxes. Several times, indeed,
we see the weavers allied with the bishops of Cologne against the
^ Wilda,
p. 170, quotes the Statutes of Dortmund: "Si vero percussor est
confrater maioris yylde nostrca ainani vini superaddat burgensibus pro emenda."
The members of the highest Gikl enjoyed also the privilege of a less number of
sworn brethren being required. Cf. Wilda, pp. 75-86.
^ Wilda, p. 77.
2 Cf. Wilda,
pp. 77, 78; Arnold, vol. i. p. 246.
* See aLso Arnold, vol. i.
p. 401 &c.
JLC\*iii 111. THE Olt.U-MKKCUANTH.
ruling fnmiHe^ Tlio liko oRon luip)H>n(Ml m tli(>ii<' tlavB ns for

cxuiiiplo.nt Li**p\ Iluy.niu! HAK uiid also in t\w earlior allianois
of the FrtMirh tH>inimiiH's with the kinLTt* a;;Tiinst \\\v no!)ility, an
well as in the mmiern alliances hetwisij the workin^-daKMs and
Turi'j, or Cii'jyirR. Hut the men of Coloi^ne <liil n<>t snccecMl in
their object, in the overthrow of the patricians, until the wvond
*'
I '
the n>urt''nth o-nturv. ront4'nj|<'r;ir\ \vilh flie /lir/icr-
there exinteil in the town otlnr (iihls hut ol' nurt hunts ;
information as to their ]>artieipation in the government of the

town is wantiu;^:' '. Tniees of t lie same or s(me simihir development
are to l>e found in Spire, JStrashur*^, Kranklort -on-Main, as well as
in Freihuri^ and Lid>eek, and in several other towns-. The fre-
quently reeurring: Repetitions, by the town-hat inp^ Ilohenstiiuflen,
of Charlemai^ne's j>rohilition of conjurations (societies hound by
mutual oaths), are shown by this to liavc Ijccn nothin*^ but abor-
tive attempts to annihilate the Gilds, whose existence was peremp-
torily re(|uired by the circumstances of the time. These pro-
hibitions however affected the hi<^hest CJilds less than the others;
at least, Frederick II. ^s j)rohilition of" the Gilds of (loslar in a.d.
1 219, sj>ecially excepts the Gild of Coiners-^, which in the free
t/)wn8 w:us rcfûlarly identical with the liig-hest Gild, as in

Colotrnc, Spire ^, and other ])laces.
In Enffland, wdiere the Gilds were far in advance of those of
any other country, there were hig-hest Gilds of the kind de-
scribed, even in Anfclo-Saxon times. There, accordin<>' to
Lappenber<j the landed proprietors on or near whose estates
'',
the towns were built, for a long time exercised j>Teat influence
in them, and constituted their aristocracy. Thus, in Canter-
bury, the condition of becoming an alderman was the possession
of an alienable estate (*oc), the possessors of which were united
with other landed proprietors to the there-existing" old Gild of the
Thanes. But as there were at Canterbury two other Gilds
besides, this Gild of the Thanes was probably the sumwujti con-
vivium of that city ^.
With a much higher degree of development we have however
to deal, as I believe, in the before- mentioned union of the Frith-
Gilds of London, the like of which recurs at a later period at
Berwick-upon-Tweed, and in a less degree of perfection in the
German towns. The fact of London preceding other places in
this development, presents no difliculty, since England must be
regarded as the birthplace of Gilds ^, and London perhaps as their
* Wilda, pp. 176-194, 23/; &c. 257 &c. ;

Arnold, vol. i. pp. 418, 419, 425,
^ Wilda,
433- pp 194-228, 231.
' Wilda, p. 169. * Ibid. p. 195.
' Lappenberg, vol. i. pp. 610-612. See Additional Notes, No. 1.
III. THE GILD-MERCHANTS. Xcix
cradle. At docnmentary evidence that the con-

least there is
stitution of the City was based upon a Gild and it served as a ;
model for other En^'lish towns ^. According to the Judicia

Cwitatis Lundonia of the time of King Athelstan, the Frith-
Gilds of London united to form one Gild that they might carry
out their aims the more vigorously. This united Gild governed
the town as is proved by the fact that their regulations bound
;
even non-members. The occasion of this union was, perhaps,

that here, as afterwards in other places, other Gilds had gradually
formed by tlie side of the original sole Gild, and rivalries between
the old and the new prejudiced the attainment of the aim of the

Gilds the protection of freedom and of right. Possibly the
English Knigliteyi Gild was this original one. According to
Madox^, the alderman of the Knighten Gild was the alderman
of the Merchant Gild of the City. Nor is our conjecture
contradicted by S tow's statement-^ as to the date of the origin of
this Gild; for this was probably only a sanction for the Gild's
possession of landed property which it had received from King
Edgar. It would not of course require royal permission to come
into existence. The Knighten Gild had possession and jurisdiction
both within and without the City, and its lands afterwards formed
a quarter of London, whose name '^ Portsoken^' shows also that
it was formed from a territory situated originally without the
city gates *. It was thus probably a Gild like that of the Thanes
of Canterbury.
A similar union took place three centuries later at Berwick-
upon-Tweed. In the years 1283 and 1284 the townsmen of
Berwick agreed upon the statutes ^ of a single united Gild " that :
where many bodies are found side by side in one place, they may
become one, and have one will, and, in the dealings of one
toward another, have a strong and hearty love.''"' Article I.
therefore provides that " all separate Gilds heretofore existing
in the borough shall be brought to an end," and that '^no other
Gild shall be allowed in the borough .''' All formerly existing
Gilds wêre to hand over to this one Gild the goods rightfully
belonging to them, and ^^ all shall be as members having one
head ; one in counsel, one body strong and friendly The way .'''
"
in which this statute was drawn up shows clearly that " citizen
and '^
Gild-brother were considered identical.
''
It also contains
a series of regulations concerning the administration of the
* Wilda, p. 248. See also Hiillman, Stddtewesen, vol. iii. p. 73.

* Firma Burgl, p. 30.
^ Stow's Survey of London (ed. 1720), bk. ii. p. 3 &c.
* Lappenberg, vol. i. p. 614 cf. also Wilda, p. 247.
;
* Emjlish Gilda, p. 338, &c.
9 ^

(ill. TlIK (}lLn-MKKCIIANT9.
tnvTi.<1v* ' "'l'"t^ oftbo nmrkfti*, niul variouH otluT ](inlK <f innni-
ri|>;l i: Thr wonls of tlu- j>n'uiiillr uiul of i\\v lirst
artifle show that, In'fort* tin* union of the viirioiiH (lildn, rivnlrics
dctr" *
the IhxIv of tluM-iti/mn lind h| riiii','' ii|. Thr mic-
' *
ceeti _ s make it rUar tliat only tlu' luUr inhal)il;mts,

'
the mon'liantj*, were Giltl-hrfthnn and citizens^: and sevenil of

thr artirh'8 |>oint out that at h'ast oin of th ronsolidatrd (iilds
Irul hotm a Krith-Ciild ', wliirh ori^înally (<inci(h'd with tlu*
uli'le IkhIv of citizens*. It may l>e tluit tliis first Gild inchidcd
ôs was the ii\o in (ânterhury tlie oM iamilies, the ori;;'inal

I
"f the soil in and around the town, who either then or
;. t-arried on trade; or that it ae(|uired with the ^^rowth
of the town an aristoeratic fjniily eharaeter, as was the case in
many Oerman towns or that it limited, for other reasons, the
;
numhcr of its members. Then new Gilds arose, whose mendjcrs

were but little, or not at all, behind those of the first, either in
rank, social consideration, or wealth, and who therefore strove for
an equal share in the jôvenimcnt of the town. Tliis led, in
Uerwiek, to the aljovc-notieed amal;;-aniation of the (jlilds, and in
the German cities to a participation in the Town-Councils, lluis
it was with Spire and Frankfort thus also with Liibeek and
;
Stras])urg', and In liondon this

]>rolialJy also
Colof^nie. with
])rocess was on perhaps as early as the tenth century. The
fôing*
admission of these new Gilds formed the transition from the
Gild constitution of the town to that of the *' commune/' which
was often further develoi)ed under violent storms, when the
patricians withstood the ever-increasing struggles for power of
those inhabitants who were exchuUd from political rights. The
history of the German and Belgian towns furnishes abunchmt
proof of this being the case.
A peculiar union of Gilds must be inferred from an article in
tlie (jild-Statutes of IMalmoe in Denmark'*. According to this
among the Gilds of various places,
article a confecleration existed
and had general assemblies of the Gild-brothers at Skan(")r.
Perhaps its condition was analogous to thut of the Flemish
Ilan-e, or of the confederacies of the German towns, or of Edin-
burgh, Stirling, Berwick, and lloxburgh, united to a general
* Articles 2, 15, 16, 19. 22, 23, 24, 26, 27, 28, 29, also 30 further 33, 34, 35,
;
40, 42, 43, 44, 45, 46. Eiujlish (Jihh, p. 338, &c.
' Articles 18,
25 (a.s to the last see p. evil), 20, 21, 30, and others.
' Articles 12, * Cf. Article
13, 31, 32. 14.
* Wilda,
p. lOD " (ûi vero in aliquo convivio contumax inventus fuerit vel
:
8atl'<facere noluerit, fd legitime citatus fuerit ad synoduni generalem in Skanor, si

ibidem respondere contemserit, ex tunc a dicto convivio oKcludatur," The draw-
inL'-up of this statute took place towards the end of the thirteenth century. See
^Vilda, p. 115.
.
III. THE GILD-MERCHANTS. ci
Scottish Trade-Gild. It reminds one also stronfî-ly of the organi-

zation of the English Trade-Unions at the time of their chang-e from
local into national societies, when they united a great number of
towns all over the country.
It may not be out of place here to dwell for a moment on
the confederations among the German towns in the thirteenth
century which I have just mentioned. They, too, originated from
circumstances similar to those which called forth the first Frith-
Gilds they were emanations from the same spirit, were founded
;
on the same principles, and had rules similar to theirs ; they

were Gilds with corporations as members. The most important
among these unions was that of the Rhenish towns. At the time
of the interregnum, that is, at the very moment when Germany
was left utterly without a ruler, when there was no power to
check the princes in the unlimited extension of their rights, when
they levied tolls at their pleasure, and ground the poor to the
bone by exorbitant taxes; when knights and nobles lived by
highway robbery, waylaid streets and passes, and plundered and
murdered the merchants ; when the strong oppressed the weak,

unpunished, and might was right; in that classical age of club-
law, when there was no supreme power in the empire, the union of
the Rhenish towns stept for a time into its place. This union was
no mere offensive and defensive alliance; its object was the main-
tenance of an entire system of order and law, and of the authority
of the Empire. It forced even princes and nobles to join it.
Like the Gild-brothers of Cambridge, the towns entered upon
mutual obligations by oath ; and the measures which they adopted
for the protection of their members, and for the chastisement of
the breakers of their peace, were similar to the Cambridge ones.
A special clause insured common protection to the poor and little
as well as to the mighty and great, whether they were lay or
cleric.Christian or Jew '
A short examination of the Statutes of the Town-Gilds will

justify our claim for these confederations of towns to be shoots
from the same root, fruits from the same tree, and higher stages
of the same development from which the Frith-Gilds sprang.
From the time when these Frith-Gilds stood at the head of the
towns, their Statutes show, without a particle of change, the
essential nature of the Gilds as disclosed by the Gild- Statutes of
Cambridge. These Gilds appear as an enlarged great family,
whose object is to afford such assistance to their members in all
circumstances of life as one brother might expect from another,
* See Arnold, vol. ii.

p. 66 sqq. ; Bcarthold, GescliicKte dcr deuUclien Stddte imd
des deutschen Biirf/erthums, vol. ii. p. 200 sqq. Leipzig, 1850.

eii ^ Ml. TiiF <;ii,n iiF.nc lUNTs.
alnivr all tlnii;^. pinh <t mn airaiiist tlu* un-

I : . :.'.-> of thr ini^htv, whrtluT I'xrn-isrtl ly vili*nco,
or atU'inptcMl at law by inoaiiH of niimorous friomiri an (Toinpur-

pat>rs. Tlio (liltln do not apurar h<>wovT as ahS(M>iations lor
inHtitutin^* n uric law, luit for niaintainiii<; the lawn already
exist in<;. lor KuppV'inrntin'; a Bvstoin of ordrr as yet di'fri'tivo
and only in cx)unie of dovelopmcnt, and for ûardin^" in common
against the danirs att^-ndin;^ a wrak pv<riiiiu'nt.
The most detail-îvin^- Statutes of I'rith-Ciilds wliich any
country can show, arc the Danish '. The followiug" statements ^
rest mainly on their Ordinances :
If a (lild-hrother has Keen slain hy a stran;4er, the(nld a])j)ears

as an ally of his rehitions for taking*- reveniê, or for ohtaininj,'- the
frergiifl or blood money. liut if a (Jild-hrother has slain a
ptranfer, the Gild assists him in the atonement he must make
lor the manslau<rhter, by means of the wergild or in his es(aj)c, ;
if he has been outlawed one Gild-brother

for the crime. Even if
kills another, the case is chiefly consicbred as a matter for the
family of the slain and, havin^ made atonement to it, the culprit
;
may remain a member of the iraternity. Only in the case of

malieious and wilful murder was he expelled as a worthless man
(;//V//wy), and left to the mercy (that is. veno'cance) of" his victim's
family, llic Gild-brothers also rendered each other such assist-
ance as was sanctioned by the laws and customs of the time, in pro-
secuting and suj] ortin^'' their rifjfhts in courts of law. But it was
everywhere the first jrinciple of the (iild to assist him only who
bad justice on his side. How strictly this ])rinciple was observed
may be inferred from the universal esteem enjoyed by the (iild-
brothers, >o that their evidencewas considered specially credible;
and whciever twelve persons were rccjuircd as jurors or com-
purgators, half the number of Gild-brothers, or even less, were
deemed sufficient.
To maintain and carry out their Ordinances, the Gild required a
Fpecial jurisdiction and, in conse(]n( nee of the necessary distrust
;
by the citizens of that time of the tribunals of their masters, it

was natural that quarrels of all kinds wliich arose between mem-
bers after their admission were brought wîthin the reach of the
' GilJs had probably been tranHplanted from En;L,fland to Denmark under
King Canute, about the middle of the eleventh century. They eoori jdaced them-
selves under the special jiatronage of the three royal saints of the land, St. Catiute
the King, St. Canute the L)uke, and St. Erich the King, and were called after
them St. Canute's Gilds and St. Erich's Gilds. From that time the government
got-up relations with them, and favoured them as associations for the maintenance
of law, Bocurity, and order.
' Compare especially Wilda, pp. I16-I44, and the Gild-Statutes contained in
this volume.
;
in. THE GILD-MEIICIIANTS. ciii
Gild. Quarrels among' members only came^ as a rule, within

the jurisdiction of the association ; and it was only in consequence
of the peculiar relation of some Gilds to the town that disputes
between non-members had also to submit to the Gild. The limits
of this jurisdiction varied according to time and place but it ;
was everywhere the rule that Gild-brothers, before going* into the
law-court, had to bring their case before the Gild for the sake of
attempting, at least, reconciliation between them. But the Gild
never assumed a right over the life and limbs of its members
compensation only, and fines, wêre used for punishments, the
highest penalty being expulsion.
The same regulations as the Religious Gilds had with regard
to helping Gild-brothers in every need, are to be found in the
Frith-Gilds. On this point the Statutes of the Gilds of all
countries are almost identical. If a brother falls into poverty, if
he incurs losses by fire or shipwreck, if illness or mutilation
renders him unable to work, the brothers contribute to his assist-
tance. If a brother finds another in danger of life on sea or in
captivity, he is bound to rescue him, even at the sacrifice of a part
of his own goods ; for which, however, he receives compensation
from the brother assisted, or from the community. English Gild-
Statutes frequently mention loans to be given to brothers carrying
on trade, often with no other condition than the repayment of it
when he should no longer need it. The sick brother found in
his Gild aid and attendance; the dead was buried^ for his soul;
prayers were ofiered, and services performed and not unfrequently

;
the Gild gave a dowry to his poor orphan daughter. The

numerous provisions as to the poor, as to pilgrims, and other
helpless people, in the Statutes of English Gilds, prove that non-
members in want found help from them as well.
The regulations as to the payment of chaplains of the Gild, as
to common service and prayers, as well as to common feastings,
were equally general and everywhere fines recur equally for the
:
infringement of the agreed-to Ordinances, for unseemly behaviour,

and for offending of members.
There was an alderman at the head of the Gild, and often
stewards by his side as assistants. Other officials are also now
and then to be met with. The reception of a member depended
upon the whole association. If any one living in the country,
or a foreigner, wished to become a member of the Gild, a
citizen had to pledge himself for his honour. In an association
so closely united, the honour of every single member was to a
certain extent the honour of the whole body. Pure life and spotless
* See also especially Moke, vol. ii, p. 92.

civ } 111. TlIK ait.l>-)JKU('liANTS.
T^ tion' inimt tlu-n^rore nnponr hh (Ik tondltion of Cilltl-

i). HcsitlcH thin, till' (til(l-S(;itut'8 ilnnaiul no otluT con-
dition Tor adniiKsion. Kvoi^'InxIv eiit4.*rin^ tlu* Gild had to hind
himself hy oath to kH'|> tlu* (Jild-Sl itntrs.
Wiimn nl*> inij^ht bitt)me memhrrs >! the (Jilil. Tlioy were,
however, p?nr;illy the wives or dmij^litors of (tild-hrothers.
It
18 only nn fxcfption when in of Iho (lildn wonion Ixn-amc
8evinl
free tf the (lild in tlu-ir own ri;^ht. Thry, however, shared
onlv in the ailvant;iiti and hurdcns of the (Jild, and never
took part in \i achninistralion or its eount ils.
Many of the towns whoso p)vernni{nt was in the hands of
BUfh (iilds, (sjUM-ially those aeces>ihlL' hy the sea, had hetii
ft>undiHl hy merehante. Like the modern so-ealled " factories" in
Asia and Africa, the old mcrcliants fortified j)laces from which
they earrietl on trade with the surronndini^'- jn ople. ]^nt in all
other towns also the great majority of the more respectahle
hnr^-hers lived hy trade. " When the Normans apj)roached the
harlMMir of Tiel/' says a writer of the clevcnlh century, "the
jwpulation livin*^ on the AVahal lied, leavin<4- hehind all its goods,
money excepted of merchants."
: for it He s[)eak8
consisted
l>eîdes of their c<'mmon feastings, and says that they did not
pronounce sentence according to the law of the land, hut accord-
ing to their own will, maintaining that the Emperor had granted
and confirmed to them this right hy charter -. It is therefore
evident that a Gild of merehanls existed there, who governed the
town. The excellent market of Antwerp is mentioned as early
as 837, in which year the Normans put it to the flames; Gant
(Ghent) is descrihed as flourishing hy trade and fishing; and the
same may he said of a number of other Belgian and French
towns. The magistrates of Paris are said to have been called
* A
passage not yet sufficiently explained in the Sleswifr To\vn-8tatutes (WiMa,
p. 83), appeiiTH tome to find its explanation from this fjict. According to this
passage, the Gild-hrothers needo<l a less number of compurgators than a non-
member of the Gild. If the latter was n^ t married, however, he enjoyed the
same jirivilege aA a Gild-hrother. But if he married, and was not a meiiiher of
the Gild, he refjuired the double number. l*eoj)le have justly souglit for a special
explanation of this Ordinance, by which the married was placed in a worse position
than the unmarried. Now at that time the civitas and the convirium conjuralinn
were identical, it is true nevertheless, the quality of a full-citizen did not give
;
by itself the freedom of the Gild. A

spci-d admisHion was required. But every
married full-citizen of unstained reputation was doubtless a mendjer of the Gild ;
and if he were not, it was a sign that some stain on his honour excluded him,
which justified in itself the requirement of a greater numlter of compnirgators.
But as long as a man was not married, he was not considered an adult he conM ;
rot therefore require to be a member of the Gild, and no one could wish to subject
him to disadvantages at law for the simple reason that he was young. Compare
also the regulations at Hamburg, Wilda, p. 268.
* Moke, vol. i. pp. 118, i?o, 192.

III. THE GILD-MERCUANTS. CV
naiitcR in tlie times of the Romans ^ ; and

in deeds of the twelfth
century the words hv.rgenses and mercatores^ or mercatores per
aquam^ are used as synonymous. The corporation of the Paris
merchants stood at the head of the town^. It was the same
with tlie towns in Germany. Of the foundation of Freiburg in
Brisgau we are told, that when Berthold of Ziihringen intended
to found a free city, with the same liberties and laws as the men
of Cologne had in their city, he first assembled a number of
respected merchants, to whom he allotted ground for the
building of bouses on the place destined as the market-place.
From their number he took also the consuls of the town.
Liibeck was founded likewise on the basis of a free merchant
community. And as it was in these towns, so it was in their
prototj'pes. At Cologne, in the eleventh century, the terms
" burghers'' and " merchants'"' are alternately used as sjnionymous.
At Spire the patrician families of the town, from whose ranks the
council was taken, carried on trade. In like manner the leading
families of Ratisbon consisted of merchants ^. As to Denmark,
the Danish word for town Kiobsted (bargain-place) sufficiently
denotes its character. In London also the Gild which was the
base of its constitution, may have consisted chiefly of merchants.
Wilda ^ alleges, in proof of this conjecture, the early importance
of London trade ; the ordinance in the above mentioned y?/r/ic2(a^,
that every merchant having made three long sea-voyages on
his own account was to have the rank of a Thane ; and lastly,
the report, that in a national assembly at Oxford in the year
1036, the shipowners, as the most important burghers of
London, were delegated to elect King Hardicanute. There is no
doubt as to the mercantile character of the later Town-Gilds in
England ; they are even called there gildce mercatorice ^ ; and the
* Moke, vol, i. pp. 1 14-123. Raynouard, torn.

'^
ii. livre iv. ch. i. 9.
^ Wilda, pp. 231, 233, 236, 260, and 255.
* Ibid. p. 249 see also Madox, Firma Burgi, p. 26,
;
* One gildie. mercatorice certainly existed at York in the time of Henry I.

of these
At this date the Gild at Beverley was constituted after its model, (See p. 151 of
Mr. Smith's collection.) It became the general rule to confirm the Gild of a town by
granting it all the liberties which another town already enjoyed. Wilda (p. 251)
quotes from Madox, as towns which had received this confirmation under Henry IT.,
Winchester, Shrewsbury, Andover, Southampton, Wallingford ; under Richard I.,
Gloucester; under King John, Helleston and Dunwich ; under Henry III,,
Hereford, Into the reign of the latter king falls also the rise of the Gild at Chester-
field. (See p, 165 of Mr. Smith's collection.) If the gilda mercatoria at Coventry
(p. 226 of Mr. Smith's collection) was really a Town-Gild, its rise must belong to
a much earlier time than its confirmation by Edward III, in 1340. Perhaps this
confirmation was only a repetition of the sanction of the corporate rights, which
might appear desirable to the merchants of Coventry, the better to protect tlioir
commerce, which, according to their complaints, suffered from their great dis-
tance from the sea. Besides, the Gild, as Mr, Toulmin Smith justly remarks,
en } III. TiiK uiM>-iir.RriiAKTf<.
words hv which tliokinjr c<>nfimi8 thoir OiKl to the hiir^jhtTs of

a U>\ui, nrt' oi\v\\ " qiuul liahi>i)nt pilttam mrrratoriam '." In Srot-
hintl tK) the ijUtlit mrrctitoriit stooil at the' head of the t4)wn8 -.
StX'urity fioin t'xtTnjil (hi!ij^rs. and thr inaintmantM' of ]. :i i>
in th* interior oi thfir t\vns, had Wvw thr oriînal nmtivt's ut'
the hnr^luTs in uniting thonisolves into those (iihls. Hut aa

almost all (fild-hnthrrs <arritMl (n tra(h, tin* oiu-o exist in;^
orininiwition wjis wn^n usid for the rurtliorin^ (f the eoinintm
tr.iile int<'rests for it \va*J
; in the nature of the (iild to
provide generally for all want.s which llic family union was
n^ lon^rer sullieient to witisfv, and f>r tlie ])nn'isions for which
the State was yet dcveloju'd and strong' enou;^h.
not To
confetlerate in drfence of liherty and rii^-ht, was in itself the
first rc<|uisit*' f>r the ]>nsi)crity oi" trade and traflic. The re-
ûlations also that a Ciild-lrother who had incurred losses hy
shipwnvk or und served misfortune, should receive compensation,
may properly he referred to here and, more still, the gratuitous
;
l<an< y:ivcn to the ])oor (iild-hrothcr for carrvinj^- on his trade '.
M<rc<vcr, it was the sjtccial endeavour of the Gild to obtiiin
privileges which would further trade, for instance, the right of
eoina;^*. st;ijle-ri^'lit, immunity from tolls, &c.* The Gild i)ro-
vided also lor the regulation of industry, and fur buying and
st^-lling (compare, for instance, the statutes of Berwick-upon-
Twi*ed ^, and of the Gild of the Holy Trinity at Odensee^); and
for institutions such as the clf)th-halls, with their severe control
of wares, of which there existed one as early as 1060 at Valen-
ciennes^. Tlie imix)rtance of these cloth-halls may be seen from
the fact that the merchants of Novgorod, alter having several
times received defective ])ieces of cloth from other places, de-
termined that no cloth but that from the hall at Bruges should
be allowtHl entrance into the Baltic j)orts and tlie Eastern
markets^. Tlie sooner a town became chiefly a commercial place,
niiglitbe erected without confinnation. At all events, the fourteenth century

wa no longer the time in which, on the fouiulation of Gild-Merchants, town-
conHtitutions were fonned. Moreover, earlier Gilds exitsttd at Coventry and the ;
statutes crjtain nothing which charactcrize.s the Gild as a Town-(iild. Perhaps

ab> this Gild was nothing but a union for mere trade purposes. The Gild of the
Holy Cross at Binningham of tlie year 1392 was no yilda mercatoria, but appears
much more like a Religious Gild. (See p, 2 59 of Mr. .Smith's collection.)
* Madox, Firma Burrji, pp. 27, 132 Hint, of the Exch. V(j1. i. p. 412.
;
' Herbert, Hist, nf the Txcdvr Great Livery Conipanies

of London, 837, vol. 1 i. p. 22.
.Seepp. 176, 229, &c. of Mr. Smith's collection. * Ibid.
pp. 151, 152.
' Art. 22,
30, /,6, 37, .8, 39, 41, 43. 'i'hese Articles probably Ijeloriged to the
various Gilds amalgamated in 1284. * See Wilda, ]>. 274.
' Moke, vol. ii. jjp. See an account of Engli>'h cloth halls in the
52, 90, 102.
and Minutes of Evidence on the
Jiejiort iState of the Woollen Manufacture of
England^ i8c6. See also p. clxxi, below. " Ibid. p. 103.

III. THE fiTLD-MERCHANTS. Cvli
the sooner did the Gild there take the character of a Merchant-
Gild. These Gilds had also the superintendence of the craftsmen,
as I shall notice when I speak of the origin of the Craft-Gilds.
The Gilds founded hy the merchants of the same land, even of
the same town_, in foreign countries
prototypes of all others and their
perhaps the oldest, and the

confederacies among each

other and with the mother country, the Hansc, can only be
mentioned here, as to enter into details would lead us too far.
Though the Merchant-Gilds consisted chiefly of merchants, yet
from the first, craftsmen as such were not excluded from them
on principle, if only such craftsmen possessed the full citizenship
of the town, which citizenship
with its further development
depended upon the possession of estates of a certain value
situated within the territory of the town. The strict separation
which existed between the merchants and the crafts probably
arose onl}^ by decrees. Originally the craftsmen, no doubt,
traded in the raw materials which they worked with. Thus the
London tailors were, even in the time of Edward III., the great
importers of woollen cloth ^ and as late as the sixteenth century
;
the brewers of Hamburg were the principal corn-merchants ^.

The growth of wealth and of the number of the people necessarily
called forth greater division of labour; the full citizens having
become rich, only carried on trade, whilst the handicraft was left
exclusively to the poor and the unfree. The poor were originally
excluded from full citizenship and from the Gild by the want of
a property qualification ; and when, in consequence of the de-
velopment which has just been explained, the poor and the
craftsmen became identical ^, this led to the ordinance repeated
in Danish, German, and Belgian Gild-statutes, that no one
" with dirty hands,^"* or " with blue nails,^"* or " who hawked his
wares in the streets,'"' should become a member of the Gild, and
that craftsmen, before being admitted, must have forsworn their
trade for a year and a day *. The statement in the Gild- Statutes
of Skanor^ of the year 1266, "that no baker should henceforth
be accepted as a member of the Gild,"*^ belongs probably to the
time of the transition just described ; perhaps, indeed, the bakers
there had formerly been corn -merchants too. Such a state of
transition may also be inferred from Article 25 ^ of the statutes of
Berwick, according to which no butcher, as long as he carried on
his trade, was to deal in wool or hides, except he were ready to
forswear his axe. The facts are, that the Gild of Berwick was a
Herbert, vol. ^ Wilda, ^ See also Wilda,
* i. p. 2q. p. 117. p. 300.
* Moke, vol. ii. pp. 89, 90, 106, 141 : i. p. 193 ; Wilda, pp. 75, 223, 274, 284,
300.
* Wilda, p. 111. ^ See p. 343 of Mr. Smith's collection.
Cnii ^ III. TilK OILD-MRRCIIANTS.
dtviihtl Mtn'hnnt-Oi!d. nnd tliat the ninnlMTs trndtnl rinoflv in

wtKil or Korinorly thin trade was uiuloul'todly rarrii'il on
hi(U*it.
with that of tlio htit<'liors. Hut nWvr the rralt.sini'n liad ]nrn
v\c\\u\v^\ tVtm the (iihl. tlii hutcliiT8 wvtv !orhi(hlrn to carry on
a tnido jr.utisHl by (iilil nu'mhtrs. A like casr wii^ wlwii the
ohl hi\v8 of (iant forhad*', in favour of the Ciihl-Meivhant there,
that r). ' d\til for rraftsnuMi '.
' '
' ^ .
lUit *
was n<t only t'xcliuh <1 from tlio (lild, lio
. :i
was jjtveme<i. and even oj)|n'ssod, hy it. JJctori', lutwever, enter-

in;,' further uj>on this (jue.-tion, a short review of the fore;;-(in ;
inve.*t illation may he |>'rniitted. I liave shown ahove, liow after
tlie protiH'tion afloRhil hy the old family liad been weakened, the
eonimon want ol' pnteetion ealled Ibrth in nei4-hh()Ui*s a feelinj^
of family solidarity, and unity of interests of all who were
and how the weakiuss of them all caused a feeling-
nienat-eil,
of gpeneral wjnality and brotherly love how this led to the ;
entering" ni>on in imitation of the

close fraternities, or Gilds,
family; how these Gilds were develoj)ed, especially in towns;
liow in their further growth they shut themselves up in their
own doors; and how this caused the formation of similar asso-
< - '
amonn^ the excluded lull-citizens; how, la.-tly, these
; i<ns amalîmatcd n<;-ain with the highest Gild at a
later period, or obtained a share in the pfovernment of the town.
Great are the thanks, as Kendjle"^ and emphatically says,
jii'^tly
which we owe to these oldest defenders of the dignity of man
against feudal arbitrariness: " in the times of the densest seignorial
darkness, they offered a noble resistance to episcopal and ])aronial
''
tyianny, and fornied the nursery ciadles of ])0|)ular liberty.
Yet bctbre this liberty attaim d a wider exjiansion, man}' a hard
struggle had to Ix? fought with those wdio had been its midwives.
Indei>endence being obtained, tlie old spirit departed from the
citizens*. Hie older the Gild-Statutes, the more favourable arc
* Moke,vol. ii. p. 89. ^ The Saxons in EnfjJand, vol. ii. p. 31a.

' A
writer of the twelfth century flescribes the dr-gi-iieration of the citizens as
foUowH " Igitnr in initio coniinunia fcL'tlerationiH fuit grata quia optiuii viii
:
earn turn sanxere, vita quorum justa, sijnplex, innocens fuit, ac hinc cujiididate agita-
batur sua cuique satiH honeste placehant, jus bonumapud ipsos valeljat, concordia
;
maxima, minima avarit a inerat. Civis civem honorabat, dives minoreni non
exprobrabat. Postquam vero cives paulatira cct-pere torpescere et alter in
. . .
altcrum innurrexere, scelera sceleratorum multa (iiiulta) reliquere, quisque sua

dishoneste dilatavere ... sic gradatim vi, mendacio, perjurio inferiores quoque
;
opfrimereca'pere jusa^quura, urbis bonum sic evanuit, corruitetiam dominium."

;
{C'liron. Aufjertinum, atl annum 1138 Hist. Fr. vol. xiii. p. 499, quoted by Moke,
;
voL ii. p. 12.) See alô Moke, vol. ii. p. 92 Bqq. The victory of the Liege
citizens over the Duke of Brabant at Steppes in 1213 was followed by a bitter
oppression of the craftsmen by the ruling families, carried almost to slavery. The
craft organizations were abolished, and the presidents removed the patricians ;
III. THE GILD-:\rERCnANTS. cix
they to the man of low rank. Though the citizens were modest
and benignant towards the poor, as long as freedom was to he
obtained, yet the possession of it rendered them insolent and
hard. By the enjoyment of power the descendants of the old
simple associates of the Frith-Gilds became proud, ambitious, and
tyrannical. The freer and more independent the burghers be-
eame^ and the less they needed assistance from the general body of
the crafts for the defence of liberties acquired and the obtaining of
fresh ones, the greater was the degree in which this degeneration
of the original noble spirit seems to have taken place. At least it
appears to me that the greater dependence on a strong executive
power, in which the towns remained in England and Denmark,
was one of the causes why we find there no patrician order,
whilst the ruling class in the Belgian and German towns, which
had grown into small, and almost independent, republics, formed
itself into an exclusive aristocracy. This aristocracy consisted
chiefly of the descendants of the old merchant families, and
partly of the offspring of the noble possessors of the surrounding
estates, and of the officials originally appointed by the princes for
the government of the towns.
The accumulation of riches helped to widen this ever-increasing
breach between the feelings and interests of the different classes.
Riches acquired by trade and employed in the purchase of estates
and lucrative privileges, and the like, enabled the Gild -brothers
to remain idle. Idleness became a matter of rank and of honour^,
and a part only of the Gild-members carried on wholesale trade.
Even the laws of the land make the distinction between the
patrician and the man ^' without hearth and honour, who lives
by his labour,''"' and the former might with impunity box the ears
of the latter for not showing him sufficient respect^. As ever, the
ruling class, these patricians, also threw the chief burden of the
taxes upon the governed. Frequent raisings of these taxes made
them always more oppressive, while the income which they
afforded, as well as the corporation property and the revenues it
yielded, were employed for the private uses of the ruling families^.
Besides this, the law was partially administered, or redress
entirely refused to the unprivileged ; and the worst oppressions
went even so far as to forbid the craftsmen to drink wine, except in case of sickness
(Moke, vol. ii. p. 69).
* Arnold, vol. ii. p. 195 Wilda, p. 201.
;
^ Thus the municipal law of Brussels of the year 1229 (Moke, vol. ii. p.
115).
^ Arnold, vol. i.
pp. 418, 419, vol. ii. pp. 299, 343, 377; Moke, vol. ii. pp. T3,
25, &c. Lacomblet, UrJcundenbuch des Niederrkeins, vol. ii. p. 245, Dusseldorf,
1840 :
" Quod quociens placet maioribus ciuitatis, ipsi faciunt . .noua exac-
.
tionum statuta, quarum exactionum onus portant fraternitates et alii populares, qui
communitas appellantur et sic depauperantur," etc.
ex III. TIIK niu>-MP.nrii.\NT8.
in ronMH|uenco of themMtufinm^ KmI {o \hv ftiir that a iirw srrAlom

ini>;ht arii\ Ah many of i\\v vniWhUwn luul oiicv hUhA in the
mumlitim cf the bishop or tlio hurjîve, an h>ng' jih thcni* ruhd
over the towns, wi, after the ]>atri(-ian8 had jn)t the (h)nniii<)n, a
MMMt/iMiw i)f the>*e over th* lower riasses eanie into 'xi>'t'nee,
and thoiie " \vh stniek the lion (lwn. h:ul to \y,\y the wolves
honjajL;;e." Tlie nnnulnien wen* ollinHl to swraran o:ith { fith/ifiiH)
uud to a^^nv to srrvirrs and taxo. lor wliirh tlu niundniasters
promise*! them pntei*tion and a^^sistanee. This rrhition was par-
tieularly ri;îd at Strashurjîf ; some of th' rulini,'- laniilii's there
cxtortid in this way from the eraft-^nicn a yearly rent of from
300 to 400 (juartei-s of oats. In Colo^îu' the crallsnu'n were
almost the 8trfs of the patricians. hid tlic dominion of the I
patricians lasted loDij-er, this dependence would certainly have

^^me hereditary-.
'Hie j\neral deej) liatrcd of the governed towards their
oppressors seems therefore (nly too just and the one idea which ;
animated the souls of the crat'tsmen of the thirteenth and four-

t<"enth centuries*, the alK>lition of the ])alriciate, seems only too
en>ily to be understo(Kl. It was not seldom that they were aided
in this endeavour by the dc<;-cncratioii of the ])alricians them-
selves. The jtrincij)lcs of association, of brotherly love and unity
of interests, under which the ])atricians had p^rown free and
strong:, must have hindered tlie rivalries of the stron^^ in all their
e.ideavours; and in free competition they fought for su])cri()rity
in the towns in which a ]atrieiate was most ])rcdominant.
I nee<l only recall to mind the fights between the Overstolzen
and the AVci^si-n at C'oloj^-ne, l)etwcen the Zornen and the IMiiln-
hcimer at Strasburg, between the Starbcarcrs and the roj)iniays
at liasle, the strifes of the Auer with tlie rest of the patricians at
Katislx)n, and the similar differences among the ruling families
at Sj)ire^. But the more the interests of the strong differed, the
cl<ser were tlie confederations of the weak. Already in the thir-
teenth century in all these towns the most violent struggles broke
out between the craftsmen, united in the most brotherly way into
Craft-Gilds, and the hated j)alricians. Tournai, (iant, Bruges,
Brussels, Louvain, Iluy, Liege, Cologne, Frank fort-on-Main,
* Protection (.nven hy a noble or rich man to a poorer, for Bervices to be rendered,

and UAeivsnifntH paid Ijy the latter.
' Arnold, vol. i. p. 425 ; vol. ii. j)p. \(j2, 193; Moke, vol. ii. p. 69 ; Lacomblet,
vol. ii. p. 245.
* Moke, vol. ii. p. 127, says "L'histoire du 14
: si^clo n'a rien de plus extraordinaire
que la |erHiKt;nce dc8 tin-serands et des foulons do Brabant k rever encore lour cit?
d<rtnnte, comme jadis lea Hebreux captifH songeaient k la recoDbtructiou de Jeru-
salem."
* Arnold, vol. i. pp. 352, 366 : vol. ii. pp. 297, 396.
III. THE GILD-ME15CIIANTS. CXi
Spire, Strasbur^, Bale, Augsburg, Magdeburg, Halle, and all

other towns, however named, were witnesses of the changing
fortune of their contests. Towards the end of the fourteenth
century the victory was almost everywhere on the side of the
Craft-Gilds.
Fierce ^ as the civil war had been, the people were moderate
and generous in their victory ^. Their idea was that of equality
of political rights and of justice. Notwithstanding their hatred
against their tyrants, the multitude did not wish violence to put
its stamp on their laws; they did not wish to oppress those who for
former merits might have a right to participate in the government
of the towns, and who by education were their superiors ^. Mixed
governing bodies were formed, consisting of patricians and crafts-
men ; and often even a majority of one vote was left to the former *.
In some places, it is true, the craftsmen compelled the pntricians
to enter their fraternities if they wished to take part in the
government of the towns ^j but even then the great soon got
such paiamount influence, that new laws had to provide that the
''small folk" should form half of the council of the Craft-Gild^.
The craftsmen did not, however, in the long run remain at the
head of the town ; but the political equality which their efforts
had obtained was maintained in principle; the old Gild con-
stitution was replaced by that of the ^' commune.'"
In England the same change of the town constitution went on
at the same time. The ordinance of the London citizens in
Edward the Second^s time, that no person, whether an inhabitant
of the City or otherwise, should be admitted to the freedom of the
City unless he were a member of one of the trades or mysteries 7,
shows clearly the preponderance of the craftsmen. But the com-
pletion of their triumph may be seen by the account, that ^' In
the 49th Edward III. an enactment passed the whole assembled
commonalty of the City, by which the right of election of all City
dignitaries and officers, including members of parliament, was
transferred from the ward-representatives to the trading-corn-
* Thus, for instance, at Magdeburg in the year 1301 ten aldermen of the Craft-
Gilds were burnt alive in the market-place. After the Cologne weavers had lost,
in 1371, the "Weavers' Battle" against the ruling families, thirty-three weavers
were executed on November 21, 1371; on the day after also houses, churches, and
monasteries were searched; all who were found were murdered; lastly, 1800 of
them were exiled, with their wives and children, and their hall, " a palace," was
demolished. The exiled found a reception at Aix-la-Chapelle, where they helped
considerably to raise their trade. Further examples could easily be enumerated.
^ Compare the generous treatment of the South by the North after the close of
the late civil war in the United States.

^ See Arnold, vol. ii. p. 191. * Moke, vol. ii. p. 131.
' See Moke, vol. ii. p. 80. The same happened at Cologne.
* See Moke, vol. ii. p. 159. ' Herbert, vol. i. p. 27.
exit 111. TlIK (Ul.n IIKKCIIANTS.
paniti." In iho Yr f"II<wii>;^'-. thf iuiiiiIht (if tlio roinpanif'fl

which tcH>k juirt in this i'li'rtiin was incnMstil from thirty-two to
ftirty-tMjfht*. NeviTllu'h'ss hort* nlho the nMnainiHl nlti- |><\vor
matoly in tho hantls of tht' oM altor tlic ordi-

hnr^h<M*s. When,
nanix* umlt r ICilwanl II all fitizfiis ot" Lon(l<)n wire oM'j^fd to
,
iK'lonj; t< the Tnnh'-dilds, thi* oM ltur;4phcrs |ro]>alIy entered, as

in a simihir ca<e t)ic old rnlinj^ faniilios of Coloirnc did*, into
Huineof thr from which in lator days spian;^
In-ttiT Tr;uU'-(iild-,
tlio 8<i-calKd twelve ^n-at ronipanies and they pursued umler ;
new shapes their old politieal and industrial interests. Already,

towanls the end of the roi<ifn of Kdward 111., the separation of
these richer eompanies from the jioorer ones may l)e observed.
Tliey âined paramount inllucnce in the Common Council and ;
from this time dates the still-cxistino; custom of choosing" tho

]Mayor c>f London exclusively from them*. The (irocers mer-
chants who, according to Herbert', received their name from the
cng^rossing (buying up wholesale) " all maimer of merchandize

vendible*' were particulnrly ]iowerful. Not less than sixteen
aldermen belonn^cd to tlieir (Jild, and in 1385 they carried the
election of Sir Nicholas IJremijre as Mnvor for two successive
years against the rest of the citizens'^. As regards industry, the
rule remained however for centuries, as will be shown further on,
to the principle of small capital (see pp. cxxiii, cxxiv).
In the time of King Henry \1, the victoiy of the crafts was
general in England; lor about that time the kings, as Madox7
tells us, began generally to recognize the constitution and liberties
of towns in oilier terms than by c< nfirming their Gilds. "They
granted to the men of a town or burgh that they should be a
commnnUas perpetua et cor/jorata. a corporate and perpetual
community." The Craft-Gilds, whose rise the old city authorities
had endeavoured till now ako here to suppress, obtained the
victory'* about the same time as their brethren on the Continent
did. A more detiiilcd account of the tnmsitlon is w\anting.
Nevertheless in England there is nothing to be found ol'thc severe
struggles of the German and Belgian companies against the
])atriciate. The
latter never attained a similar develoi)ment
on Briti.sh probably because, as has been stated, the rich
soil;
did not obtain a similar independent dominicm in the towns,
which were less indc'ijendent of the sovereign ; and because
* Quoted by Herbert, vol. i, p. 32, from Norton's Commentaries on London.
' ^ S'-e Wikla,
lleibert, vol. i. p. 33. p. 259.
* Herbert vol i. p. 36 sqq. lb. p. 29. ">
* lb. ^ Firma Buvf/i, p. 27.

pp. 38, 39.
* See Delpit, ( ollecfion generale des documents franâis qui se troavcnt en Anfjle-
terre, torn. i. p. lx\x. Paris, 1S47.

;
III. THE GILD- MERCHANTS. Cxiii
there is not in the English aristocracy in general that caste-like

seclusion which characterizes the Continental nobility. Greater
freedom of the lower classes, as well as the gradual formation
of political institutions according to the relative amount of the
social power of different classes, which is so characteristic of

England, perhaps contributed in this case too as under similar

circumstances of later times to ward off a bloody revolution.
In the Danish towns also no real exclusive rule of special families
seems to have sprung from the Gilds. The towns in Denmark
were smaller, and therefore the Gild did not appear, in propor-
tion to the entire population, as a close circle of families. Com-
merce was there of less importance, and so no very great differ-
ence arose between merchants and craftsmen in point of fortune.
To tliis must be added the less independence of the towns in
general as already mentioned. Eor these reasons also the Gild
existed in Denmark until the time of the Reformation, which
shook vehemently the whole system of Gilds, and wrought the
fall of most of them, on account of their connection with the
Roman Catholic service. At a later period, it is true, Gilds
were carried on or re-established in Flensburg, Copenhagen, and
other places. But after the political as wêll as the religious
objects of the Gilds had disappeared, there remained of their old
essence nothing but social purposes. Shooting at the popinjay
was an old exercise handed down from the glorious times of the
burghers, when they combated kings and made them responsible
for wrongs committed on Gild-brothers. This became now their
chief object. The old St. Canute-Gilds changed everywhere
into Archer-Gilds ; kings sometimes became members of them
and the degenerated descendants of the Hezlagh of Sleswig, in-
stead of, like their forefathers, defending their old liberties and
privileges against sovereigns with the bow, shot in common with
them at the popinjay^.
In Germany too these Gilds, where they went on, and some-
times as the House Limpurg in Frankfort - on - Main still
exist, sank into the same political insignificance ; and the only
advantage which the Gild now affords is the right of receiving
assistance from its funds in certain emergencies of life.
^ Wilda, pp. 156 sqq., 161 sqq., 283 sqq.

cxiv
IV. Tin: riJAiT (;iLf)S.
The oriLiîn of the Cnift-Gilils whicli every where in the

fourti'onth and fit\centh century, as has just been shown, either
enateheil the ''overnment of tlie towns from the hands of tlioOld-
burgpher Gilds, or at least obtained a share in it by the side of
those Gilds has been the subject of considerable controversy.
In sj)ite of the absolutely indcjK'udent oriîn and development of
the handierafls in the Germanic states of the Middle Ages, and
in spite of their character ])eing' entirely different to that of
the U< 'mans, some authors, findiui;' in the Roman collet/ia opijicum
institutions which may some deg-ree be compared to the Craft-
in
Gilds, have derived from them the unions of the handicraftsmen
that sprung^ up with the handicrafts. But this view needs rather
to be proved historically by its adherents, than to be refuted by
its opponents. It would be much more probable that the Craf^
Gilds descended from the companies into which, in episcopal
and royal towns, the bond-handicraftsmen of the same trade
were ranged under the superintendence of an official, or that they
took their origin from a common subjection to police control or
from common obligations to pay certain imposts. But even
these views deserve no further consideration after Wilda^s
striking refutation. "The Craft-Gilds/' as Wilda says, "did
not spring from subjection and dependence ; they originated in
the freedom of the handicraft class ^."
The population of the towns, at least of those on the Continent,
consisted, as late as the eleventh century, of officials, old freemen,
and bondmen'-. To the last belonged the greater part of the
liandicraftsmen, who, obliged to pay certain taxes and to per-
form certain feudal services and labours for their lords, were
subjected to officers appointed by them. But besides, there were
free handicraftsmen, who in earlier times probably belonged to
the body of the full citizens ; for the expulsion of craftsmen as
* Wilda, p. 307. Coin])are also Arnold, vol. i. pp. 250-258.

' See Additional Notes, No. 3.
IV. THE CRAFT-GILDS. CXV
such from the full-citizens^ Gilds, took place only at a later

period of their development, as has been already stated in Part III.
As long- as one part of the handicraftsmen remained in the
organized state of bondage just described, whilst the other part
belonged to the full-citizens^ Gilds, there was neither want nor
room for a further free organization of that class, similar to that
of the later Craft-Gilds. The former stood, in all trade matters,
entirely under the orders of the lords of the town, whether these
were bishops, burgraves, or citizens ; and as to legal protection,
they were their clients. But the handicraftsmen who were full-
citizens received from the full-citizens^ Gild on the one hand legal
protection, and on the other hand by far greater advantages in
matters of trade than even from the later Craft-Gilds ; for as
full-citizens ^, these handicraftsmen enjoyed perfect freedom of
trade in the towns, whilst the foreign handicraftsmen, and those
who were not full-citizens, had to buy from the lords of the
town the right of carrying on trade, and had to purchase, by
various burdens and imposts, the privilege of using the market-
halls and other institutions established for buying and selling.
After the free handicraftsmen had been expelled from the full-
citizens' Gilds, their relation to the old-burghers was similar to
that of the ancient freemen at the time when they confederated
into Gilds for protection against the aggressions of the great.
On the one hand, the citizens endeavoured to suppress the
handicraftsmen into a kind of subjection, and on the other, as,
after the expulsion of the royal and episcopal officers, they had
the police in market and trade matters in their hands, it was in
their power to take measures injurious to the craftsmen. The
old-burghers must have felt a great temptation to subject the
handicraftsmen, sprung from the free families, to the same
imposts as those paid by the bondmen. The right also to allow
foreigners, on payment of entrance fees, to carry on trade, could
not but endanger the interests of the native craftsmen. Just as
in earlier times the maintenance of the personal liberty and the
preservation of the small freeholds of the old freemen were con-
cerned, so the question was now to protect the independence of
the craftsmen and their earnings, which depended on their stock
^ "Wilda, p. 302. Legal advice of the Magdeburg, in the beginning

sheriffs of
of the thirteenth century, to Duke Henry the LJearded, for his town Goldberg :
" Noveritis vestre nobilitatis benignitas, quod quiiibet burgensis, aut propriam
habens domum vel aream quarumamque rerum venalitatem hahuerit, eas in domo
propria libere vendere potest aut pro aliis rebus commutari. De domo quoque,
quarn ad augmentandum censum vestrum in communi foro frequentari et per
singulas niansiunculas inhabitari statuistis, scire debetis indubitanter, quod si
doniinus noster Archiepiscopus hoc in nostra civitate atteniptaret penitus de-
ficeret."
k 2,
CXVi IV. TUK C1L\FT<K]1LDS.
ami lalnnir. Isolatcil, tliev must hiivo Huccuml>itl to the diniculty

of their circiimhtanix'Ti honro tlu*f of iuTtiHity rallrtl I'ortli tlu;
;
ranio fivo orînization of fnv iTaftsmrn, a that of tlu' <tlil

frtfiiu'ii in carhiT timon. Tlic ronslitution of the old (iilds
evidi-iitly M^rvwl a tho model of the Crult-(iilds, and it ai)inarM
to have Uvn altere<l iidy in 8o far as a (liaiiLrr wa-; niidered
n'*'r>sjiry hy the peeuliar wants of the eralt.snu'n wliicli niado
them eiinfiHlerate into Gilds, namely, protection of the industry
ol the freemen.
K>remost amon^-st tlie fn-e handiiralt^men were the \Ve;ivers.
Tliey formed a kind of middle class between the jatricians and
the bond cralltsmen. The fact that whilst the other crafts
Worked to siipi>ly mere local (limands, the Weavers' manu-
factures found murkets in the mo.st distant countries, naturally
investtnl them with greater importimce. They were distinguished
alx)ve all others by wealth, self-respect, and a sense of freedom.
Their unions enjoyed of old the greatest independence. In all
towns they stood at the head of the crattsmen and the contests ;
of the handicraft class with the patricians for political eman-

cipation, and its victories, were, above all, the strug"<^lcs and
victories of the Weavers K
Aecordinj^ly, in all the manufacturing" countries of that time,
in Eng-land, Flanders and Hrabant, as well as in the Rhenish
towns, the most ancient (Jilds were those of the cavers. The W
Gild of the London Weavers was chartered by Henry I.'-^, and so was
that of the Oxford Weavers. In the reign of Ileniy II. Weavers'
Gilds, confirmed by the kiufif. existed at Notting-ham, York,
Huntingdon, Lincoln, and A\ inchester '. In Germany the Wôol-
weavers' Gild of Cologne arose as early as the eleventh century *.
And in like manner the oldest German charter^ referring un-
doubtedly to a Criift-Gild" is that of a Cologne Weavers' Gild.
In the year 1149 ^''^' tcxiores cnlcUraruni pulvinarium (weavers
of pillowcases) formed a fraternity with the consent of the judges,
sheriffs, and aldermen; and thenceforth all who wished to carry
on the trade within the town were obliged to join the fraternity
and to submit to its rules. The record proves that a union of
these handicraftsmen had existed long before the year 1149, and
* Arnold, vol, ii. p. 208, and Moke, vol. ii. passim.

* Dtlpit, vol. i. p. Ixxxiii. ' Wilda, p. 314.
* Arnold, vol. i. p. 254.
' LaconiUet, vol. i. p. 251. See below (p. cxix, note i).
* The record of the appointment of twenty-three men as fishers at Worms by
Bishop Adalbert circa annum 1106 (Schannat in Cod. Probat. Hist. Wormat.
Num. ii. p. 62), seems to f-peak rather of the creation of one of those companies
among bond-handicraftsmen, mentioned in the text, tlian of a free-Craft-Gild. It
is utterly unlike the manner in which all other Craft-Gilds have been chartered.
IV. THE CRAFT-GILDS. CXvii
that it was merely confirmed in the said year. At Spire

the Gild of the Wool-weavers existed at the beginning of* the
twelfth centuiy. At Mayence the Weavers are mentioned as
early as 1099; at Worms in 11 14. At Frankfort-on-Main
also, wool-weaving" ranked first among* the crafts ^. It was,
however, in the first manufacturing country of the Middle Ages,
in Flanders and Brabant, that the influence of the Wool-weavers'
Gild was the most prominent it appears there as almost the
:
sole leader in all the revolutions of the handicraft class. And

when we consider the early flourishing state of the Belgian

woollen manufactures for as early as the first century the clothes
of coarse wool woven in Belgium found a greedy market in
Rome^ also, that the necessity of defending their coasts against
;
the inroads of the sea and of pirates ^ always kept most keenly
alive in the minds of the people the fundamental idea of all
Gilds, the brotherly solidarity and community of interests ; lastly,
the bold spirit of independence which led even serfs here to
confederate into Gilds '^,
we may infer that here, among these
extremely industrious and stubborn weavers of Flanders and
Brabant, did the first Craft-Gild originate.
Although the Craft-Gilds arose first among the most eminent
of the handicraft class, among those who were free, just as in
earlier times the most ancient Gilds originated among the old
freemen, and later on the Trade-Unions among the best situated
working men and ci-devant small masters, to stop the dete-
rioration of their condition and encroachments on their rights
and interests, yet this new organization was also soon made use
of by the lower members of their class as a means of elevation.
With the liberation of the bond handicraftsmen from bondage
proper, many of the companies into which they had been ranged
passed gradually over into the number of free Craft-Gilds. The
latter appear, therefore, everywhere in greater number about
the time when the last traces of bondage disappear. Craft-Gilds
of this kind, when obtaining their privileges, were frequently
put under obligation to pay certain fixed imposts in return for
their greater independence in labour and trade, and for the
remission of the fines on inheriting property ^, to which their
* Arnold, vol. i. p. 254, &c. ^ Moke, vol. i. p. 58. ^ Ibid,

p, 51.
* See Part I. of this Essay, pp. Ixxvi, Ixxviii, Ixxix.
I find in the Vita Gehehardi Episcopi Const anti en sis (Pertz, Scriptorcs, vol. x.
p. 588, lines 32-59: "Post heec convocatis servis suis elegit ex eis optimos
quosque, et constituit ex eis coquos et pistores, caupones et fullones, sutoi es et
hortulanos, carpentarios et singularum artiiim magistros, et constituit eis, ut eo
die, quo fratribus deservirent, de annona quoque fratrum in patre reficerentur,
quia dignus est operarius cibo suo. Ut autem bono animo suis niinistrarent
dominis, huiusmodi donario ipsos cumulavit, scilicet ut cum quis prsesentium vel
cxviii
J IV. THE cuArr-caLM.
epiaonpal or lay lords were entitlcHl, ns woll n for (ttluT iiiatlxTH.

And in projwrtion to the do^nv )f indi'jx'ndonro whicli tluy
obtjiiiutl acxxtnliiij; to oircumstn(H<, thcw impoHtt* wen* greater
or imaiKT. Siuli, for instam**', wa."* tlio cast' at HAlr. Coti^tance,
&C, Kvorywhore. however, these noeieties were haii^^^ttl al\or
the model of the (Jilds of those farther advaneinl craflsmeii wliieh

have ltvn spoken <f. Tlie latter ini])rey'nate(l tlinii witli an
altogether ditierent spirit ami a new life. A similar proeess may
have taken plaee, in certain eases ', in fraternities originally
reli:-ions, which, afler the ori^în of Craft-Ciilds, framed trade
re;:ulation8 at\er the latter's I'xample, and as in later times
certain friendly s(XMetiesehan^'d into Trade- Unions so ^^radually
transfornuHl themselves into Craft-Gilds. The time of the origin
of Cnift-diids in ^'eneral may l)e said to ext4'n(l fn^m the be-
ginning^ of the eleventh to the middle of the thirteenth century^.
The origin of certain Craft-Ciilds depended of coui*se on the
gradnal rise of the various trades in a town.
The or;ânization of the free enif\smen into Oilds, we thus see,
was calletl forth by their want of j)rotection a<âiiist the abuse of
power on the part of the lords of the town, who tried to reduce the
free to tin* dejn>ndenee (f the unfree, and, by imposts and otlicrwisc,
to encroach on the freemen^s earnin<:;'s. Being organized, the Craft-
(lildmen provided for the maintenance of the customs of their
Cnift, framed further ordinances for its regulation, saw these ordin-
ances properly executed, and punished the (lild brothers who in-
fringed them. The maintenance of their inde})endence against the
city authorities, and the possibility of carrying out and making
eflicient tlieir trade-rules, depi'nded, however, on the condition
that all who carried on the trade sliould belong to the Gild.
And though the first Gilds, at their formation, included doubtless
all men of the trade, yet in course of time some one or more
craftsmen must have turned up, who, unwilling to submit to the
rules framed for insuring good work and for protecting the
interests of the trade, would carry on his trade without bc-
lon^-ing to the Gild. It was impossible either to check this,
and prevent detriment arising from it, or to enforce their
eorura Buccessorum, qui <\e proaenie illonim esset, moreretur, exuviae de eo non
sumerentur, sed hitredes relictiim hcX'redit;item indiviHam possiderent si vero de ;
alia progenie aliquis accessisaet, ab lioc donativo alitrius exstitlsset." For the
bond-handicraftsmen in towns and their societies, see Additional Notes, No. 3.
* Perhaps the many religious regulations, and the many relations to the cathe-
dral, of som". of the Gilds at Bflle (compare, for instance, Berlepsch, vol. ii. pp. 18,
19), as well as of the Fullers at Lincoln (compare Mr. T. Smith's collection,
p. 179), refer to such a process, though it seems rather doubtful to me. But
see also Mr. Ludlow in the Fortnightly Review, October, 1869, p 393.
' Compare Arnold, 1. c.
IV. THE CRAFT-GILDS. Cxix
regulation of the trade in a legitimate manner, unless the Gild

had been previously acknowledged by the lord of the town or the
body of citizens. And thus, though the Craft-Gilds as voluntary
societies did not need confirmation by the authorities at their
birth, yet this confirmation became afterwards of the greatest
importance when these Gilds wanted to be recognized as special
and independent associations, which were thenceforth to regulate
the trade instead of the authorities of the town. This once
obtained, all further protective measures would follow as a matter
of course.
This transfer of all trade concerns to the management and
jurisdiction of the Craft- Gild was generally accomplished by a
confirmation of their ordinance, that every one carrying on the
trade within the town or a certain district, should join and
belong to the Gild ^. And in return for this privilege the Gild
was yearly to pay certain taxes ^. In London these taxes went to
the king. Thus, under Henry I. (a.d. 1100-33) and every suc-
ceeding king, the London Weavers paid to the crown a rent or
ferme for their Gild; and Madox^ enumerates eighteen Gilds
which, under Henry II. (a.d. 1154-89), were amerced as adult-
erine, for neglecting to pay this tax. But as, in consequence of
these privileges of the Craft-Gilds, the citizens no longer enjoyed
undivided sway in the towns, they showed themselves every-
where extremely jealous of the jurisdiction which had thus
sprung up in their midst, to their own detriment. They there-
fore opposed with all their might the establishment of Craft-
Gilds ; and the whole history of these Gilds, till they obtained
the mastery in the fourteenth and fifteenth centuries, appears as
nothing else than one continual struggle of the handicraftsmen
with the town for these privileges. The Norman kings however,
equally ready to make the most of both these clashing interests
^ Lacomblet, vol. i.
p. 251. Record of the contiraiation of the Gild of the textores
culcitrarum pulvinaritim at Cologne in 1149 " fraternitatem .... confirmatara
:
Buscepisse, hac videlicet ratione, ut omnes textorici operis cultores (scilicet culci-
trarum pulvinarium), qui infra urbis ambitum continentur, sive indigene sive
alienigene huic fraternitati quo jure a supra memoratis fratribus constat disposita
sponte subiciantur. Ei vero aliqua enormitate obviantes et subire non coacti
nolentes, judiciaria severitate refrenati, cum rerum suarum detrimento, subire et
obsecundari tandem compellantur." For the London Weavers see note i, p. cxx.
In the charter of the Oxford Weavers in Madox's History of the Exch. vol. i. p. 339,
we read " nemo operaretur de ministerio eorum infra quinque leucatas circa
:
Burgum Oxonige." See also below, p. cxxi, note 7, the charter of the Magdeburg
Shoemakers. That this ordinance merely enforced a custom which already existed
in the craft before the confirmation, may be seen there in the passage beginning,
'
Cum enim jus et distinctio, que inter eos est," etc. ; as well as in the passage
in Italics in this note.
^ Compare also, below, the charter of the Magdeburg Shoemakers, p. cxxi, note 7.
^ History of tite Exch. vol. i. pp. 390, 391.
CXX IV. TUK CE.\PT-r<lU)S.
for the WiU'fit of tlieir oxcbcH|iior, wvin tn bnvo j)ut up to

auotioii the omlinnation nnd tho HuppivsHion oftliciu' (mMh.
Tlio tHHili*>it (r tlu' ^V ravers with tin* City of liondoii furnislios
us with viTv ptrikiiii; rxampK* <f this Hlru^^-^^K* Ixtwcrn the
ritiin^ rnil^-(iilils niul tlu* Inxly of the old citizenH. T1h Weavew
had ohtaiiunl fnm Ilonry I. tlu jiriviNp' that " noluKly, rxcc])t
hy thrm 'i.e. )iy Invnininfj n nn'in))rr of th'ir CiiM). sljall in-
tnxhuv himself within the City, into their nivst^TV, ami nohody
wnthin Soiithwark or other jlaees helonjînj; to London, exoe])t he
W a niemher of their (lild ;'' and tliese privileLT'"^ were eonfirnied
'
to thcui by Henry II. Kxeini>lion from the jurisdieli<n of

the City excited the jealousy of the citizens to such a den^ree,
that the Weavers' Ciild had to maintain the most violent stru;,'-;^les
with them for its privilejî-es and projxTty. Kinjif John had
to nromi.se the citizens, in answer to tiuir juayi'r, " tliat the
Gila of Weavers shall not from hencef()rth l)e in the City of
Ijondon, neither shall he at all maintained \'* hut as the Gild had
been accustomed to pay the kin^ ei<;htecn marks ])er annum, the
citizens " should pay twenty marks in money for a îlt" instead.
It appears, however, that this suppression of the Crait-Gilds was
as incfhctivc here as in the like case in Bel^-lum and Germany ;
for as early as the sixth year of Henry III, (ad. 1221-22) we
find the Weavers and the City apfain at strife and ^' the Weavers;
of Lonilon/' as Madox relates. *' fearing- lest the mayor and

citizens of London should extort from them their charter and
lilxTties granted to them by King Henry IL, delivered that
charter into the Exchequer, to be kept in the treasury there, and
to be delivered to them aâln when they should want it, and
afterwards to be laid up in the treasury/' Even in the four-
teenth year of Edward IL (a.d. 1320-1) the privileges of the
AVeavtrs remainid still a point of contention between them and
the town; but in this case it was before a court of justice. On
occasion, as it ap])cars, of a complaint for transgression and
abuse of their privileges, the Weavers had to prove their right to
have a Gild, as well as the legality of every single ordinance
framed by them for the regulation of their trade. Their privi-
leges could not, however, be impugned as a wdiole, but several
regulations were pointed out which had crept in after the grant of
their charter '. Among the documents contained in Mr. Toulmin
Smith's collection, those referring to the Tailors' Gild at Exeter
* Matlox, Firma Burgi, p. 286 "nuUus nisi per illo3 se intromittat infra civi-
:
tatem de eorum ministerio et nisi sit in eoruni GiWa neque \n Sudworc neque in
aliis locis Londoniae pertinentibus." The words '' ministerium " or " officium "
Were used in medieval Latin for mystery, tra/le, craft-gild.
* Compare Madox, Firma Burgi, p. 192, &c. ; Herbert, vol. i. pp. 17, 24,
IV. THE CRAFT-GILDS. CXXl
showeven in the fifteenth centuiy the existence of the same striigg-le

between this Gild and the autliorities ofthetown^.
Sometimes, as
in the case of the Bakers' Gild at Bale, these conflicts, which the
new org'anization of the handicraftsmen called forth between their
wardens and the police authorities of the towns, were the chief
cause of fixing* the rights of the Craft-Gild in a charter 2.
To the complete independence of the Craft-Gilds, it was indis-
pensable that they should have the rig'ht of freely electing;' a
warden for regulating their trade and for managing the Gild.
In England this freedom was never restricted at least, I know ;
nothing to the contrary from the accounts of English Craft-

Gilds ^ But on the Continent the right of appointing the warden
of a Craft-Gild varied according to the nature of the origin of
the Gild, or the degree of independence which the particular
handicraft enjoyed at the time when its Gild was recognized.
Thus the Craft-Gilds which the free handicraftsmen formed
amongst themselves possessed, of old, absolute independence in
the election of their warden, as, for instance, the Weavers' Gild
at Cologne^, and the Craft-Gilds in Flanders^. At Bale, on
the contrary, where the Craft-Gilds sprang from the companies
of bondmen above-mentioned (p. cxiv), the bishop appointed the
warden, according to the oldest charters, and in the probably
less important trades {SpinnweUern and Butchers, 1248); whilst
in 1260 the Tailors (who were at the same time cloth-merchants)
elected their own warden^. In 1157 Archbishop Wichmann of
Magdeburg had, from truly generous motives, granted to the
Shoemakers the right of free election of their warden. This
instance was, however, probably as unique, as the disposition was
rare"^. In Paris, the provost in the thirteenth centurj^ appointed
* Mr. Toulmin Smith's collection, pp. 299-316. ^ Compare Wilda, p. 310.

^ The governor, however, of the fraternity of the Porters in London, constituted
in 1646, is always an alderman, whose appointment is vested in the Court of
Aldermen. (Allen's History and Antiquities of London, vol. ii. p. 412.)
* Lacomblet, vol. ii.
p. 250. Award of arbitration between the archbishop and
the town of Cologne, &c., 1258: "Quod ab antique consuetudine fraternitates
eligunt sibi quosdam, qui magistri fraternitatum dicuntur, per quos insolentes fra-
ternitatum compescuntur," &c. ^ Moke, vol. ii. p. 95.
^ Berlepsch, Chronih der Gewerke, St. Gall (no date), vol. ix. p. 19, vol. v.
p. 18, vol. ii. p. 18.
' The charter runs thus " In omnibus actibus nostris, in quibus aliquid de
:
honore et Magdeburgensis ecclesie agere studuimus, libertatem matrem

utilitate
actionis nostre esse volumus, ut, cum honor et utilitas in disputatione nostra
accuiTerit, libertas suprema semper existeret, quia honor et utilitas sine libertate
vilis servitus estimatur. Notum itaque esse volumus universis tam futuris quam
presentibus, quod officia civitatis nostre magna sive parva, quodlibet in suo honore
secundum jus suum integrum esse volentes, jus et magisterium sutorum ita con-
sistere volumus, ut nuUus magistratum super eos habeat, nisi quem ipsi ex com-
muni consensu magistrum sibi eligerint. Cum enim jus et distinctio, que inter

cxxii ^ IV. Tin: citArT-cjiLDS.
nd dop<^P>*l, ns li'
'
. 1. tlu' wnnlt'iis of tlir ^' '
v (rn|>c.
nuikers^tiiul tln*y ,j>iijltrnf> ; Imt tlu' / ^ Îtulli-
kce|>cn) eli*ct4d frtvly ami premrknwines lor
iiuli>|HMi(l(Mitly \\\r^^
r Mj; thoir tnuK' '. Kni' then lu'cainr tlu* riilr in
I'loilion
ii.. I....VS, Charles 1\'.
till of Fniiu-f (13: 1-1328) drjuivfil llic
Parisian fransnicn of tlio ri^ht of frtfly t'l'c(inj^ tlnir wanlt'nH''.
CharK'j* VI. in the voar 140S, whilst conlirmin*'' llu' statuti's of
a Cni!\-(iil(l. actually a]>]>oint*Ml one of his valrts to tlir wanh'U-
ship^. In itlicr niintrii's, cvon in tlie thirttrnth nntury, it
became the rule for Craft-Ciilds t/O elect their wardens them-
selves; and it was only durini; the contests between the crafts
and the hereditary rulini^ taniilies in tlie (iernian and JJel^'îan
towns that the cni\smen had to acrjuiesce in the appointment
of their wanlens by the patricians. JUit this of course clianêd
at once with the triumph of the handicraftsmen.
This triumpli. as has been sliowii in Part ill,, was won every-
where iu the fourteenth and fifteenth centuries, th()u<^h sooner
or later, aeconllnuf to circumstances. In London the Cnift-
Gilds ajipear in full possession of the mastery in the rei^^n
of lulward III. The privilege's which they had till then exer-
cised only on sufi'erance, or on payment of their fermes, were
now for the first time generally confirmed to them by charter by
Jxlward III. the authorities of tlie City of Loudon, who had in
;
former times contended with all their might against the Craft-
(lilds, now aj)proved of their stiitutes; and in the fourteenth
century a large majority of the trades aj)peared before the mayor
and aldermen to get their ordinances enrolled. At the same
time they adopted a jmrticular livery, and were hence cnlled
Livery Companies. Edward III. himself actually became a
member of one of them, lliat of the Linen-armourers, and his
example found numerous imitators amongst his successors and
the nobility of the kingdom ^.
eo8 est, eo8, qui eo jure participare non debent, ita excludat. quod opus operatum
alienigene infra jus communis fori veiidere non debeant, constituimus, ne alienigene
opus Kuum operatum ad forum non dtferant, nisi cum omnium eorum voluntate, qui
jure illo quo<J Inninge appellatur, jiarticipes existunt. Itaque ad recognoscendum
Be annuatim Magdeburgensi archiejtiscopo duo talenta solvent, que magister eorum
presentabit, prout archiepiscopus raandavit," &c. (Berlepsch, vol. v. p. 30.)
'
Ouin-Lacroix, Histoire des Ancicnncs Corporations d'Arts et Metiers, <t-c. de la
CapitaU de la Normaridie, Rouen, 1850; Statuts des Cordiers de Paris, art. 10,
CP- 738) ;StatnU des PoulaillerA de Paris, Art. 11 (p. 747) Statuts den Etuvistes ;
dc Paris, art. 5 (p. 739). ^ Wilda, p. 324.
* Notre
' Ouin-Lacrix,
p. 734 iSialats des Earlier s de Tours en 1408, art. i :
premier barbier et varlet de chambre est et sera garde du dictmestier, auquel tous
devront obîr,"
* Compare Herbert, vol. i.
pp. 28, 29 Delpit, p. Ixxx., and the numerous rati-
;
fication.s of ordinances by the City authorities from 1344 1418 in Kiley's

MernoriaU.
IV. THE CRAFT GILDS. CXxiii
Thong-h political power, as has been already stated, did not

continue everywhere in the hands of the handicraftsmen, they
yet retained everywhere the independent government and juris-
diction over their trade and everywhere the fundamental prin-
;
ciple of their trade-policy prevailed, namely, the protection to

live freely and independently on an industry based on small
capital and labour. This was shown in England by the Act
T,"] Edward III. c. 5 (a. d. 1363). In the nineteenth year of
Edward III. (a. d. 1345), a part of the Pepperers had separated
themselves from their old Gild and had formed a society of their
own. The account^ of what took place at the formation of this
society, how " twenty-two persons, carrying on the business
of Pepperers, agree to meet together at a dinner ^^ (for defraying
the expense of which each had to pay twelve pence), " and
commit the particulars of their formation into a trading society
to writing,'"* and then immediately after the meal elect their
warden, and decide on their periodical contributions, shows
great similarity with the proceedings at the formation of modern
working-men's associations; as, for instance, those of the
Bookbinders' Trade Society, according to Dunning's excellent
account^.
But these twenty-two Pepperers altogether unlike
their Bookbinder imitators
were the richest of their trade and '^,
had probably belonged formerly to the old-citizen class, and had,

like all citizens under Edward II., been obliged to join a Trade-
Gild. Well, these seceding Pepperers now formed themselves
into a separate society, exercised still de facto the freedom of
trade which had formerly belonged to them as full citizens, and
thus threatened to crush, by their riches, the numerous other
Trade-Gilds. At least a petition brought against them in the
36th Edward III. complains " that great mischiefs had newly
arisen, as well to the king as to the great men and commons,
from the merchants called Grocers (gTossers), who engrossed
all manner of merchandize vendible, and who suddenly raised
the prices of such merchandize within the realm putting to
;
sale by covin, and by ordinances made amongst themselves, in

their own society, which they call ^the Fraternity and Gild of
Merchants,' such merchandizes as were most dear, and keeping
in stores the others until times of dearth and scarcity." In con-
sequence of this, the Act 37th Edward III. c. 5 decreed " that all
artificers and people of mysteries shall each choose his own
* See the detailed account of the proceedings in Herbert, vol. i.

pp. 43-45, also
PP- .^04-308.
^ Trades' Societies and Strikes. Report of the Committee on Trades Societies
airpointed hy the Social Science Association, p. 93, &c. London, i860.
" Compare Herbert, vol. i. pp. 304-308.
cxxiv J IV. TiiK rRArr-<}!i.Ds.
Tnyt<*nV - t'uMicxt rnn1lrm:is^; :\\u\ timt liaviui,'- so (li(s<'n il,

''
ho hlinll rtli us*' n< oIIht '." Tliis was a U-iîil riMn^rnition
of the principle of the traK poliey of the eraflsmeii, namely, that
pn^visioii slioulil lx niatli- tofiiahle every (me, with a simmII (aj)ital
anil his laUtur, to earn in his trade Iretly and
his daily lrea(l
indejHNidentlv, in op|Misition to the |>rinriplc of the rich, '* free-
dom of tmtle." In like manner tliis principle heeame pre-
vahMit in all the rraH-Ciilds on the Continent, and we find it
formulatcil with sptrial clearness in th* ICinperor Siîsmmid's
extiemely orijînal " Simla r Kelormation " of 1434^-
This |H'ri(xl of (h'vddjunrnt of the (Vaft-CiiMs was followed
by a further extension of them in the he^-innini^ of the i'ourtcenth
century, and soon afterwards by their dej^'-eneration. IJut hefon'
I enter upon tliis question, and upon the abuses which undisputed
possession of their j)rivileofs and the full sway in all trade
matters pHxlueed in them, I wi-^h t^) sjK'ak more iully of the
constitution of the Craft-Ciilds durin^ the first sta;"e of their
prrowth '. This constitution was but the ])erfect ex))ression of
the wants which called ftjrlh the Cral't-(iilds, and of the tusk
which they had to perform. Their fundamentivl principle was
the same as that of the Frith-Ciilds, that is, of those artificial
unions which spran^^ up to replace the natural family com])act,
and to secure the protection which the latter ati'orded to their
members in former times (see Part I.). The Craft-Gilds them-
selves first sprang: up amoni^t the free craftsmen, wlien they
were excluded from the fraternities which had taken the place
of the family unions, and later among* the bondmen, when
they ceased to belon'i;' to the fa i/ii/ia of their lord. Like those
Frith-Ciilds, the object of the early Craft-Oilds was to create
relations as if amon^ brothers; and above all tliin<j;'s, to oraut
to their members that assistance which the member of a family
* Herliert, vol. i. pp. 29, 30.

' Gohhuiti, Const it utioncs Impcriales, torn. iv. p. 1R9, Fnmcof. 1713. Aft' r much
oomplnining " that one j)er.son carriLS on more trad- than belong to him," it is Haiti
.s
in cap. v., " Will you hear however what is onlained \>y Imperial law ? Our fore-
fithers have not been fools. Tlie cnifts have bet-n devised for this puq)OHe, that
everj'bcKly by them should earn his daily bread, and nol)ody shall interfere witli the
craft of another. By this the world gets rid of its misery, and every one may find
his livelihood. If there be one who is a wineman, he shall have to do with this
(i. e. the wine trade), and shall not practise another thing besides. Is he a bread-
baker, the same, &c., no craft excepterl. And it is to be prevented on Imperial
c nmiand, and to be fined with forty marks of gold, where it is heard that
the ImjHirial towns do not attend to this, that nobody of any trade whatever
shall interfere with the craft of another," ike. Compare al.so cap. viii.
For the sake of completeness, and to avoid r-.'petit'ons, I have sometimes also
availed myself in the following statements of Gild-Statutes of the fourteeiitli cen-

tury, except as to such jKjints of course in which the degeneration had already
begun in the fourteenth century.
IV. THE CRAFT-GILDS. CXXV
miglit expect from that family. As men's wants had become

different, this assistance no longer concerned the protection of
life, limbs, and property, for this was provided for by the Frith-
Gilds, now recognized as the legitimate authority; but the

principal object of the Craft-Gilds was to secure their members
in the independent, unimpaired, and regular earning of their
daily bread by means of their craft. When then the Craft-Gilds,
like the earlier Gilds for the maintenance of justice (Part I. pp.
Ixxiv, Ixxv), were legally recognized, and were brought into the
State organism as special associations for the regulation of their
trade, a new fundamental element, namely, their quality as a police
authority, was added to the element common to all Gilds.
Both these elements are to be found in the Craft-Gilds of all
countries ; indeed, in all they attained a development so similar,
even in details, that whosoever knows the Gild-Statutes of one
country, knows those of all. Only in certain concrete regula-
tions do we find deviations which I will point out in the course
of this treatise ^.
The very soul of the Craft-Gild was its meetings, which
brought all the Gild-brothers together every week or quarter.
These meetings were always held with certain ceremonies, for
the sake of greater solemnity. The box, having several locks
like that of the Trade-Unions, and containing the charters of
the Gild, the statutes, the money, and other valuable articles,
was opened on such occasions, and all present had to uncover
their heads. These meetings possessed all the rights which
they themselves had not chosen to delegate. They elected the
Presidents (originally called Aldermen, afterwards Masters and
Wardens) and other officials, except in those cases already men-
tioned, in which the master was appointed by the king, the
bishop, or the authorities of the town. As a rule, the Gilds
were free to choose their masters, either from their own members,
or from men of higher rank, though they were sometimes limited
in their choice to the former'^. Did the election fall on a member
who would not accept it, he was subjected to fines. Of a council,
^ In order not to have to cite repeatedly the same sources for

every individual
statement, I refer here in general to Herbert, vol. i. pp. 40-102 also to the Ordin-
;
ances in Riley's Memorials, and to Mr. Toulmin Smith's collection, especially to

pp. 179, 182, 184, 208, 284, 312, 331, 334. Further, to the Gild-Statutes con-
tained in Berlepsch, vols, ii-ix, and to the rich collection of Ouin-Lacroix also
;
to Ortloff, Das liecht der Handwerker, Erlangen, 1818, to Schonberg's article in

Hildebrand's Jahrbucher fur Nationalokonomie und Statistil; vol. ix. pp. i. &c.,
97 &c., as well as to Hunter's History of Sheffield, p. 119, London, 1819.
^ There was a contest on that account at Cologne in the year 1258 between
the Archbishop and the Craft-Gilds. Lacomblet, vol. ii. p. 247 ; compare also
Wilda, p. 324. See also Mr. T. Smith's collection, p. 305.
cxxn IV. Tiir cuArr-niT.Ds.
whii) ' '

'ât if til." (ûrl d As>islaiils ni latiT liinrs'l Ht<MMn>y
the h; . lu: in:\>Wr>. we find in nirly days at ni>st l>ut a tni<i*,
in the quorum of mem!H*rs which had to co-K)]M'nito with the
master on various (vi*4Uiion8, ns, for iiintaiuv, in thf rxenim of
junMlii'tion. In (iermany wo liiul sonu'thini^ siinilar in tlie
council of six or cijjht men
of eonic (iiUls ut IJiilc and \ icnna'
earlier than in England, where we first notice in 1397, in tlio
reoords of the (inK-Hirs, that six porsiins of that coniijaijv were
choecn toaiil the wanli-ns in the diM-harjê of their duties. Tlieso
cases excepted, assistants are first met with in the sixteenth cen-
tury. ^Ve also finil in the (Jroccrs, as early as 1 34H, four auditors
t4) superintend the aceounts and delivery of the wardens/'
*
Tlie wanlens summonetl and j)resided at the meetin^^, with

their consent enacted ordinanees for the regulation of the trade,
saw these ordinances i)n>j.t'rly executed, and watched over the
m;iintenance of the customs uf the cralt. Tliey had the ri;ht
to examine all manufactures, and a right of search for all un-
lawful toi^ds and ]iro<lucts. They formed, with the assistance
of a (|Uorum of (iild-brothers, the hio-hest authority in nil the
concerns of the (iild. No (iild-member could be arraigned about
trade-matters before any other judge. Wc
have still numerous
d<xumentarv proofs- of the severity and justice with which the
wardens exercised their juridical duties. AVhenevcr they held
a court, it was under special forms and solemnities thus, for :
instiince, in 1275 the chief warden of the Masons building

Slraslmrg Cathctlral held a court sitting under a canopy. The
local trades of the towns continued under a certain amount of
control by the town authorities even after the Cralt-Gilds had
obtained jxjwer. The elected wardens had to be brought every
year lêforethe major, and had to swear '' faithfully to execute
their offices.'' The mayor also decided disputes between the
several Gilds, and could fine and imprison the wardens of com-
panies at his pleasure. The control of the sale of the most
necessjiry provisions, such as bread, meat, drink, and fuel, was
the special care of the town authorities, in order to prevent
adulteration and overcharges'^.
The punishments which the Craft-Gilds decreed consisted in
the payment of fines, or, in earlier times, of certain quantities
of wax, or of beer or wine to be drunk at their feasts. In case
* See the Gardeners of Bile (Wilda, p. 325), the Spinnwetter at Bdle 1271
(Berlepch, vol. ix. p. 20), the Tailors of Vienna 1340 (BerlepHch, vol. ii. p. 226).
' Compare, for instance, Mr. T. iSmith'a collection, Herbert, vol. i.
p. 321 ;
p. 47. &c.
* Îr. T. Smith's collection
The Office of the Mayor of Bristol, art. 14, 25, 26
27, 28 (pp. 416, 420, &i.c.) Herbert, vol. i. p. 55, &c. Arnold, vol. ii. p. 282, &c.
; ;
Ouin-Lacroix, p. 735 ; W
ilda, p. 319; Riley, pp. 156-162, 174, &c.
^
IV. THE CRAFT- GILDS. CXXvii
of more serious offences, such as perjury, persistent disobedience,

&c., exclusion from the Gild was the consequence; and this was
accompanied with loss of the rig-ht to carry on the craft
Princes, churches, and city authorities frequently received a
share in the fines, as well as in the entrance-fees and contri-
butions of the members. This was especially the case in France 2,
where permission to carry on a trade had often to be purchased
direct from the king*. For enforcing payment of entrance-fees,
contributions towards paying the fermes (dues), as well as of
fines, the Craft- Gilds made use of the very means so much
talked of in the case of the Sheffield Trade-Unions, namely,
rattening, that is, they took away the tools of their debtors^.
It is true that they, as their claims were legally recognized,
could sell the tools and take wliat was due to them out of the
proceeds, whilst the want of such recognition compelled the
Trade- Unions to enforce payment of arrears by hiding and de-
taining the objects seized upon. This coercive measure existed
unchanged even in the seventeenth century^; so that this rat-
^ The Constitutions
of Masonry published by Mr. Halliwell are very explicit
as to the punishment of disobedient members. The 12th Functus says that they
shall be taken in charge by the lords, sheriff, mayor, and knights, &c. present
(with the master and other masons) at the assembly where the ordinances are made ;
and the 15th Functus says that if they will not make amends for their disobedience,
they shall be turned out of the craft and not allowed to carry it on, and
"The scheref schal come hem sone to.
And putte here bodyes yn duppe prison.
For the trespasse that they hau y-don.
And take here goodes and here cattelle
Ynto the kynges bond, every delle.
And lete hem dwelle here ful stylle,
Tyl hyt be cure lege kynges wylle."
(1. 463-70.) F. J. F.
* For instance, Ouin-Lacroix, p. Statuts des Poulaillers de Faris (thirteenth
746
century), art. i : "Nus ne puet estre poulaillier a Paris, se il n'achate le mestier
du roy, et vent cil
le qu'il I'a achate du roy, a I'un plus a I'autre mains, si
comme il semble bon."
^ Compare Herbert, vol. i. p. 18. "Why the working implements of such of
the mystery as were in arrears for their fermes might be distrained by the bailiffs
of the Gild, to the amount it was computed they owed, and such distresses sold to
pay the same ? why on non-payment of a member's share of the king's ferme,
. . .
his working tools to the amount should be sold, or detained in the custody of the
bailiffs ;and also that any member offending against the liberties of the Gild,
should be adjudged in like maimer to have his working implements seized and
disposed of ? .also if any withheld from another of the Gild his proper wages,
. .
and would not pay him, the Gild had power by their bailiffs to distrain. ..."
^ Compare Herbert, vol. i. "If auie member, of his froward dis-
pp. 191, 192.
position or otherwise, refuse to pay quarterage, penalties, arrearages, or other
amerciaments, the master and wardens, with their officers, shall have power at
lawful times to enter such member's shop, and distrain the same." The same
measures, seizure of tools and closing a member's shop, were also the means of
coercion and punishment in the German Craft-Gilds, the so-called " Handwerk-
legen" (i. e. stopping of the craft of a member). Compare Politz und Biilau, Ncue
Jahrhucher dcr Geschiclite und Politik, 1843, vol. i. p. 359, &c.
CXXViii { IV. TIIK CKAFT-(;i!.l>fl.
t ^ '
whioh calKil f>rt!i hurh uliai t .il imli;,Mi:it:nii fnuij tin?
'. ' iiloviTs' prt'Ks, |nla)ly rni"\ - iii imiiil<Trujl'<l <lt's<'*nt
fnmi einploycrs' up t4> tin* timo of Kdwanl 11.
assoi'iatioiiH Hut
it is own istho <I1 n;,^l>t ofjli^trniiit nftlu' crrdilor
larttKltT. It
ai'iiinut tin* ilrlitor, wliicli tKcurK in llu- rarlit'>t laws of all (Miinan
tnUiJ, nnil wa* lawfully oxcrcitKxl in (iormany up to tlu sixtotnth
cvntury'.
As the oljt< t of hf association of craftsiiun \v;is tin* ri'^îilation
t
of tlu'ir tnulo, it was a luvrssjiry condilioii (r tin- fllicii'iit w (rkiii;;'

of thrir nilcs, that all who carri'<l <>n tlu' tradi- ^liouM hclon^" to
it. Tliis was a matter of course, whm
ihcy had hci-n h';,Milly
rcco^nizttl as a s|H'cial authority for lawful purposes. Hence it
is altofetIier \vron^ to represent the constantly reeurrin'^- ordin-
ance, that every one carryinj^^ on the trade should join the (iild,
as a constH^juenee of the nionopoli^tic tendencies of the Crafl-
(iilds. There was, on the contrary, no (juestion whatever of a
monopoly in that time. It was not then as it was at the time of
the defeneration of the Craft (iilds, when, as corporations with a
limiteil numher of members, they j)rohiIited all non-memhers
of the Gild from carryiniif on the trade. On the contrary, every
person was at first ]ermitted to carry on the trade, if only he
joine<l and submit t<'d himself to the orq-anism created for the
puriMise of re;ûhitiii^ it, that is, if he entered the Crafl-Ciild;
and then, as a member entitled to vote, he exercised influence
on its decisions. The yearly fermes (dues) too, which the crafts-
men had to pay for their privile<ês, sulliciently explain their wish
to draw into their society all the men of their trade, in order to
secure increased contributions; and wlien Edward III. granted
a special Gild to the Flemish Weavers, the indi<4nation of the
Loudon Weavers may be easily uiiderslocd, as well as their ellort
to make the Flemish men participate in the payment of their
fermes -.
The income of the Craft-Gilds consisted of small entrance-
fees, of wax for the churches, and of taxes which were levied
for special purposes as they occurred; for instance, on the
death, impoverishment, ])il^rimaê, &c. of a member. Regular
periodical contributions are only met with at a later stage.
The rules laid down by the Gilds, and to which all men of the
tradi' had to submit, had reference (j) partly to securing the good
quality of the work, and (2) partly, like all Gild-Statutes, to the
temporal and eternal welfare of their members. Both kinds of
' See Walter's Deutsche Uechtsfjcschiclde, Bonn, 1853, 538, and Bluntschli's
DtvUches Privatrecht, 102, No. 3.
' Compare Herbert, vol. i. p. 20, note; Madox, Firma Buryi, pp. 194, 195,
:
IV. THE CEAFT-GILDS. CXxix
rules were consequences of the fundamental principle of all Gilds,

namely, care for the common interest by means of association.
In the first kind, however, the function of the Gild, as a police
authority on behalf of the public, possibly prevailed. But even
in them the idea was present that by these measures they pro-
tected themselves against loss of the honour and <ôod repute of
the trade, as well as against loss of custom. The latter motive
may be especiall}^ attributed to those craftsmen who, like the
Weavers, worked for a more extensive market.
Wherever the Craft-Gilds were legally acknowledged, we find
foremost, that the right to exercise their craft, and sell their
manufactures, depended upon the freedom of their city, a fact
which is sufficiently explained by the political tendencies of the
Craft-Gilds. It is an exception when we find, as in the case of the
Fullers of Lincoln, that strangers also were admitted on payment
of special taxes to the Gild. On the Continent, after the four-
teenth century, a system of reciprocity was frequently established
between the several towns, as for instance in 1365 at Tournay ^.
No one was admitted to any trade, even to the lowest, or
tolerated in it, whose moral conduct and honour were not stain-
less ; no one, also, who had not proved himself a proper workman ;
and, therefore, no one who had not served a regular apprentice-
ship. The duration of this apprenticeship differed in various trades.
In England it generally lasted seven years, in France from three to
four, sometimes six in Germany from two to four years.
; The
admission of an apprentice was an act of special solemnity,
corresponding to the important legal consequences it involved.
As it was the beginning of a kind of novitiate to citizenship, it
generally took place in the Town-hall, in the presence of the
town authorities (in London, even in the present day^, it is
performed in the Guildhall by the Chamberlain of the City),
or in solemn meeting of the Craft-Gild. On this occasion the
apprentice was specially instructed in his duties, both as to his
moral conduct and the trade. At last, a record of the act the
indenture was drawn up, which also contained the special con-
ditions under which the apprentice was placed with his master.
By this admission the apprentice became a member of the family
of his master, who instructed him in his trade, and who, like a
^ Ouin-Lacroix, p. 749 Statuts des Tisserands de Tournay en 1365, art. vi.

"Ceux qui ne sont pas de Tournay ne pourront y exercer ce metier, que dans
le cas ou les habitants de cette ville pourront exercer le meme metier, dans celles
d'ou ces strangers sont originaires."
^ Compare Arundell's Reminiscences
of the City of London and its Livery Com-
panics, p. 162, London, 1869. For the instructions to apprentices from the
sixteenth century, see Stow's Survey of London, Edit. 1720, p. 328. Compax-e too
Moke, vol. i. p. 195, Berlepsch jâssm, for instance, vol. ix. p. 29.
i
IV. TIIK lUAKT-dlLDe.
f '^ - '

' * "*(li ovor liis mnralt*. iw will as his work, during
! At tlio oxpinition of his njj>ri'ntiri.-ln|> tljo
lad (then a man \\.i- i.-iviviil into the CiiKl <;~ain with 8|H'ciul
'
fornis and - tus, and InM-anie thtn-hy u citizrn of tho town.

On bt>th I us a iVv had to bo j)aid : in London it was
24. 6*/. on iKH-ominff an apprentice, and 3*. 4^/. on hecominj^ a
memlHT of the (iild.
AlUT the care for skilful workmen, tlie next concern of the
Gild was for the u>e of proper tools, and the application of well-
adapttxl pRKX*ssi 8 of mannfacture. No member of the (iild was
all" 'Well to ]H">ssc8s t<Mls " unlcs^ the same were teslilii'd to l>e
potl and honest;'' and the statutes c(ntained directions and
jrohibitions, entering* into the most minute details, with re-
ference to the method of workin^^. It was spei'ially forbidden,
in the stron^*st terms, to mix inferior mat^îals with a better
sort, to the detriment of the buyer, or to sell patched-up
articles as new. Measures were also taken to protect the public
the s|x>ilin^ of mat<Tials entrusted to the craftsm<'n for
'
1....;. ..ature. Thus, the statutes of the AVliittawcrs directed '
the Odd-brothers to assist a member who did not know how to

po on Nnth his work, in order that it mi^plit not be sj)oiled.
Such directions are specially frecpient amonj^ the Masons 2, from
whom customers received special g-uarantees for the proper com-
plition of their work. AVe also find sanitary regulations with
rt Lfard to the observance of cleanline-s in carrying on the craft.
ISultject to these measnres of supervision, all (iild associates were

allowed to sell all articles of the trade within the town, and
without any other control than that of the Gild.
Nominally, to insure the good (juality of their wares, the Gild-
Statutes always ordain that no one " shall work longer than from
the b( ginning of the day until curfew," nor " at night by candle-
light." But doubtless the real ground for this ordinance was
rather regard for the well-bein'_i- of the Gild-brothers it was the ;
wish to give them leisure for fuHilling their domestic and

political duties, and to prevent the collective body from being
forced to over-exertions by the competition of a few too zealous
for gain, and from being thus deprived of every enjoyment of
life. Similar considerations were also sometimes the cause of
* See also Engh'sh GihU. pp. .^21 &c., 331.

Riley's Memorials, p. 232.
Riky'H Memorials, pp. 280-282
*
Kegulution.s for the trade of Masons.
Acconlirig to them, he " who wishes to undertake work in :i;roa3 " Las to bring
forward four ancient men of hi- trade as security for the proper execution of the
work; and they, in the event of his not fulfilling his duty, have to execute the
work them.selves. Compare also the Code of the Hochlitz Stonemasons of 1462,
art. 3-7 (Berlepsch, vol. viii. p. ic/^).
'
IV. THE CRAFT-GILDS. CXXxi
long" holidays as for instance of the prohibition of the London

;
Weavers ^ work between Christmas and Purilication-day

to
(Feb. 2). The same considerations, supported by religious
motives, caused the strict prohibition of work on Sundays and
festivals, and '^ on Saturday or the eve of a double feast, after
noon has been rung'/'' This hist ordinance, forbidding* work on
the last- mentioned afternoons, was common to all countries, and
had its orig'in in a custom of the Koman-Catholic Church to
solemnize the eve of festivals r4nd Sundays by religious services ^.
Hence it was lost at the Reformation and it was not till lately
;
thiitEnglish workmen were able to regain their lost holiday.

There were also other measures arising from this general tendency
to prevent a ruinous competition amongst Gild-brothers, as
contrary to the spirit of brotherhood. Their ordinances were
framed for the " better relief and comodytie of the porer sorte."
No Gild-associate was to entice away a brother's customers nor
a brother's servant. We frequently also meet with restrictions
in the number of servants and apprentices which an individual
member was allowed to have. And at an early period regula-
tions as to prices, under the supervision of the town authorities,
became common. The Gild-Statutes further forbad working
for a customer who was still indebted to a brother. Any member
becoming poor from " adventures on the sea, or the advanced
price of merchandize, or by borrowing and pledging, or by any
other misfortunes,'''' might claim to be relieved in proportion to
the fraternity's funds. Even in 1723 the bye-laws of the Gild of
the Joiners and Carpenters of Worcester ordained, " that wliere-
ever any freeman buys any parcel of timber or boards coming to
the city to be sold, and fit for the craity, every freeman may
have a share therein, not exceeding a third, at cost price, on
request, and paying ready money, under penalty of 205. for
refusing to share ^." As long as members of the Gild were out of
* Herbert, vol. i. p. 19. The acts and ordinances of the Company of Cutlers
and makers of knives in Hallamshire prescribe in art. i. that no manufecturer,
whether master, servant, or apprentice, shall perform " any work apperteyninge
to the said scyence and mystery e of Cutlers" for twenty-eight days next ensuing
tlie 8th day of August in each year, nor from Christmas to the 231 d of January ;
and in Art. iv., " No person occupying any wheel for the grinding of knives to
allow of any work being done there during the holiday months. Penalty as
before." (Hunter's History of Sheffield, p. 119.)
^ See, on the Saturday half -holiday in England in A. D. 1303, Robert of Brunne's
Handhjnfj Synne, ed. 1862. (Note by F, J. F.)
^ EwjlUh Gilds,
p. 210. Mr Ludlow [The Fortnightly Review, Oct. 1869,
p. 405) very truly observes: "The spirit of this rule, as well as of that of the
Berwick Gild as to sharing a load of herrings with one's neighbours, is exactly the
same as that of the rules of the Amalgamated Society of Engineers, requiring
membtjrs who take piecework to share equally any surplus made with all members
working on the job.
I 2
cxxxii IV. TiiK rUArr-fliuis.
work, no nivmlH^r wn to work with non-nirinl>ors. On tlu' otluT

haiui, a incinlKT was nlwnvH allowiil to employ liin wilV, cliildnn,
ami iiiaiil in work for tin* wlmlo )innK(>)u>l(l of a (iilil-l>rotlHT
;
IhIiMilt^hI to tho (iiKl '. This hil nntorluimtoly in lat<'r times to

nuiiiN i;>n;^ to thi* sons of (iiKl-lrotlu'rs in Imrniii^ tlu- trade
ami the frixnlom of tlie (iiUl, as well a** to the (h'^Mie-
aiH|uirin;;^
r.ition of the (lihls into family (M)t'ries. AnotluT eonsi'ijuence
of lhe>e laws was, that after the death of a (iild-brotlier, his
widow could i*arrv on his trade, and could remain a member of
the Gild. Kven if she marrifd aâin a man of the same trade
who was not free of the (Jild, she ^''en'rally * conferred on her
s'eond husband that freedom by manyin<j^ him. If, on the
other hand, she marrunl a man w Ik^ did not belon*i^ to the same
trade, slie was exeliuUd from tlie (iild diiriiiL,'- that wedlock. The
s;ime brotherly sjiirit o-ave rise also tu laws forbiddin;^ insults
and ill-u.va>^ amon^ Gild-brothers; to the prohibition to aj)pear
before a court of justice for disjnites about debts and otlur
matters, unless every transaction had first been examined by
the (Jibl-wardens, and every compromise proved im]H)ssildc; and
also to a scries of other rules referrinfi;' to their domestic conduct^
am<n^ each other, and the prevention of unneio-b hourly tricks.
The Gild-Statutes also, in conlbrmity with the spirit of the
times, often contain sumptuary laws for the members, and
es|)ecially with reference to apprentices. As the Craft-Gilds did
duty also as divisions of the military forces of the town, we find
in their statutes many articles'* ref"errin^ to this matter; and
'
Thus ani<wer8 too the question of Mr. Toulmin Smith " Why is he (a fuller of
:
Lincoln) not to work at the bar in company with an ordinary woman, wliile he
may do so with a master's wife or her handmaid?" (Note on p. 180 of his
collection.) In Riley's Mevwriah, too, the rule is frequent, " that no one of the
trade shall set any woman to work, other than his wedded wife and daughter"
\for instance, pp. 216, 277, 547, &c.). Comp.are too Wilda, p. 329.
* The only exception known to me is art. vi. in the iilaluts <.ks Poulaillcrs de
Paris : "The wife of a poulterer may carry on the said mystery after the death
of her husband, quite as freely as if her sire was alive and if she marries a man
;
not of the mystery, and wishes to carry it on, she mu.st buy the (right of caiTying
on the) mastery, in the above described manner as she would be obliged to buy
;
the mystery, if her husband was of the mystery, and had not yet bought it for ;
the husband is not in the dominion of the wife, but the wife is in the dominion of
the husband" ^"quar li homme n'est pas en la seignorie a la fame, mes la fame
est en la seignorie h, I'home").
Ouin-Lacroix, p. 747.
' For instance, "that no man of the fraternite take his neyghbor's house y* is
of the same fraternite, or enhaunce the rent a'âinst the wille of the foresaid neigh-
bor." Herbert, vol. i, p. 49; compare also Berlepsch, vol. v. p. 18, vol. ix.
p. 21.
* Wilda, p. 340. The Statutes of the Lchitenrs de hois of Gant dtclare " Tout :
membre qui ne se rend pas en armessous la bannifere du metier, quand les bonnes
gens de Gand se rûni.s.sent en equipage de guerre, forfaira le prix de plusieurs
jours de travail pour chaque fois."
Moke, vol. i. p. 196. Compare also the
Statutes of the " Spinnwetter " at Bale, 1271, Berlepsch, vol. ix. p. 21.
IV. THE CRAFT-GILDS. CXXxiii
brilliantwere the victories wliicli some of the Gilds gained under

their trade banners ^. Naturally enough^ the Craft-Gilds were
not deficient in that element essential to all Gilds, the common
meal, which in later times was held in their sometimes magni-
ficent hall 2.
The Gild, which, as we have shown, stood like a loving mother,

providing and assisting, at the side of her sons in every circum-
stance of life^ cared for her children even after death ; and the
ordinances as to this last act breathe the same spirit of equality
among her sons on which all her regulations were founded,
and which constituted her strength. In cases of insolvency at
death, the funerals of poor members were to be equally respected
with those of the rich.
Besides being brotherhoods for the care of the temporal
welfare of their members, the Craft-Gilds were, like the rest of
the Gilds, at the same time religious fraternities. In the account
of the origin of the Company of Grocers ^ it is mentioned that,
at the very first meeting, they fixed a stipend for the priest, who
had to conduct their religious services, and to pray for their dead.
In this respect the Craft- Gilds of all countries are alike ; and in
reading their statutes, one might fancy sometimes that the old
craftsmen cared only for the well-being of their souls. All had
particular saints for patrons, after whom the society was fre-
quently called ; and where it was possible, they chose one who
had some relation to their trade *. They founded masses, altars,
and painted windows in cathedrals ; and even at the present day
their coats of arms and their gifts range proudly by the side of
those of kings and barons. Sometimes individual Cralt-Gilds
appear to have stood in special relations to a particular church ^,
by virtue of which they had to perform special services, and
received in return a special share in all the prayers of the clergy
of that church. In later times the Craft-Gilds frequently went
in solemn procession to their churches. We find innumerable
* For Journeymen-Bakers of Munich at Ampfing, 1322 (Berlepsch,
instance, the
vol. vi. p. 151), the Butchers of Liege at Steppes, 1213 (Moke, vol. ii. p. 66), the
Furriers of Brussels at the siege of Malines, 1303 (Ibid. p. 124), above all, the
Flemish Weavers at Courtrai, 1302 (Ibid. p. 146), &c. &c.
^ We have an account of the Tailors' Hall in London existing already in the
time of Edward III. (Herbert, vol. i. p. 87).

^ Herbert, vol. i. pp. 43-45.
* For the names of the saints in certain trades, see Brand's Popular Antiquities,
vol. i. p. 202, ed. 1841. (Note of F. J. F.)

' Compare the London Saddlers (Herbert, vol. i. p. 16) ; but their Gild was
probably a purely religious one see also the Fullers of Lincoln and their relation
;
to the deanery of that city (Mr. T. Smith's collection, p. 1 79) ;and the Craft-
Gilds at Bale and their relation to the cathedral (Berlepsch, vol. ii. p. 18, vol. v.
p. 18, vol. ix. p. 19).
cxxxiv 5 IV. TUK rfMrr-nuns.
r^^
^-^ "- * tlu s- <M iiu- ' r\ M- '
r ; nnl tX)
. n f r H(lii ( :ii<H cnrly

buiil ilwi*liin{^ nx'ixr thoir halls. 'V\w chii'f cnrt* however of tho
'
Gililir. < f.f the

i\ to the wtlfarf <f the souIm
dead. i.. .. .;..; .; j. wa.-* sun;; for;all tlepartetl
i m
Gild-
brothen*, whMi they were all nientioniHl hy name; and on the
dimth of any meinlxT, R|>eeial 8ervie(8 were heUI lor his sotil, and
distrihutioii of alms was m;ule to the jxwir, who in return h:ul to
oir r up jirayers for the dead, ns is still the euslom in Koman-
Catholie eountries *.
Sometimes we find in one and the same ]]aee a siiij^-lc trade,
or kindred trades, or^^ânized into several Craft-Ciilds as for ;
instance in Ix>ndon, two Gilds of Tanners, one without Newgnte

and one without Cripjdeiâte^; and the four Weaver (iilds at
Colopfue in the thirteenth century jut as is still tlie case with *'
;
the Trade-L nicns. And like the amalnamatinns of Trade- Unions,

which are always hecomn^ more fre(iuent in the present day,
these different old Craft -Ciilds frecnieiitly amal^r.Mmated in later
times; as for instance the ahove-mentiont d four Weaver Ciilds at
Ccdog-ne in I39'5, and the Fullers and Shearmen of London in
1527*. Like the Trade-Societies em))racin' all En>land, and
oven more, and like the early German Town-Conf derations, these
Gild-L'nions in some trades were extended over whole countries.
Thus we ^ther from the charter of the Tailors of Schweidnitz
in 1361, that they formed a union of the tailoring; trade in
twenty-five Silesian towns'"'. And in the middle of the four-
tt'cnth century the various Cutlers' Gilds in Germany were
united into four ^reat fraternities, at Au^^^burg", Munich, Heidel-
berg", and IJale, by whom all oreat dilfcrences, which could not be
6ettle<l by the separate Gilds or their j)residents. were legiilly
decided . But the most renowned of these confederations was
tliat of the various building'-lodg-es of Germany. It was
brou<>ht about in 1452 by Dolziiig-er, chief-master at the building"
of Slnisburg Cath<'dral; and in 1454 common statutes were
difccussed and pa.sscd at a g-eneral meeting at Ratisbon, and were
revised and confirmed on several other lodge days. In accordance
' Thus, for instance, in the Statutes of the Fullers of Lincoln it is said {Evr/lixh
Gihh, p. iSo) " When any of the bretheren ancl sisteren dies, the rest shall cîve
:
a kalf|)enny each to buy breal to be given to the poor, for the soul's sake of the
dead." These alms, in order that the poor should pray for the dead, sprang from
the same belief as the causing masses to be said ior the souls of the dejarted,
and there is therefore no room for Mr. Toubnin Smith's doubts and questions in
his nf>te on p. 181.
' U'rbert, vol. i. ' Arnold, vol. i. p.
p. 31. 254, &c.
* llf-rbert, vol. iL p. 654. ' litrlepsch, vol. ii. p. 230.
Berhpsch, vol. vii. p. 123.
IV. THE CllAFT-GILDS. CXXXV
with these statutes, four central lodges were created, Strasburg,

Cologne, Vienna, ixnd Zurich, each with a separate district.
Strasburg, however, had the precedence. The overseer of the
cathedral works was Grand-Master of the Stonemasons^ fraternity,
and according to its code, confirmed by the Emperor Matthias in
1613, he was even then still considered as " chief judge of stone-
work.^' Even in the eighteenth century the Masters of the
Stonemasons' lodge at Strasburg demanded a goldfinch from the
lodge at Rochlitz as a token of its dependence ^ And as late as
1789, the Vienna lodge administered justice throughout the
whole of its district, awarded punishment, and so forth. This
union of the workmen in the building trades was followed by
others amongst kindred or technically -identical crafts, especially
amongst those which, on account of the trifling demand for their
wares, could not exist in small towns at all, and only in limited
numbers in large towns, as for instance the Locksmiths and
Sword-cutlers 2. The central societies were in the capitals, the
branches in the small towns. Three masters in any one of the
confederated towns formed a corporation, whose acts, if they
were in conformity with the acts and statutes of the central
society, were legally recognized by the other confederated
societies. As the branch societies were subordinated to the
central one, they were always obliged to send a couple of deputies
to the meetings which took place at the abode of the central
society ; and to give there the accounts of their branches. At
these meetings the common good of the Gild was discussed and ;
all concerns which cjuld not be regulated by the branches were

settled. Sometimes even the branches and central societies
divided their money proportionately amongst themselves. The
central societies of several crafts were at Niirnberg ; and masters
from all parts of Germany and even from Courland and Livonia
there purchased freedom and master's credentials, and got
their apprentices enrolled ; as, for instance, the Combmakers, File-
cutters, Biushmakers, Coppersmitlis, &c."^ I would not enter into
all these details, were it not for their great similarity to the
circumstances of some Trade-Unions of the present day, for
instance, the Amalgamated Engineers.
Though paragraph I have spoken partly of very
in the preceding
late times, yetone relation, namely, that between workmen and
masters before the degeneration of the Craft- Gilds, has not yet
been touched on at all. The facts recorded concerning it, before the
^ Berlepsch, vol. viii. pp. i86, 187.

'^
Politz and Biilau, 1842, vol. ii. pp. 341-343.
^ Ortloff!, lieclit der Uanchva'her, pp. 82, 83.

CXXXvi IV. THE CRAlT-r.II.DS.
oiitlilloof the fount t'onlh tvutury, nro oxtronu'ly nu*n^n. T\\vy

Gontiititentinly of jirohihitionH nînst onjî^jfin^ \\\v wrvant of
:
'
tli i>\|)inition of hix HiTvitmlr, or so l^n;;: as IjIh
*
I liad n ilaiin on him

: of rr;,Milati>ns as to \\\v num-
;
ber of wrvnnts alKnvixl to n matitiT of punislinifnts inciiiTiil l)y

;
mikBtcrH who kii>t haok thoir servants' waj^fs ; and lastly, of tlie
onlinanoo that all ilis]nitos In'twcM'n ma'^tcrs and servants should
Ih deeiihtl hy the wardens ol the (iihl. Servants' wa^^ês also were
proluihly at that time lixini hy the wardens. This 8li^ht notice

of ^' - in the aeeounts of the early Cral't-Ciilds niav however
bo .- ntly explained hy the eharaeter of hantlii raits in that

age. TIjey were for the most part merely local trades, and were
mostly, if not entirely, carried on by natives of the towns, as
many (Jild-Statuti's expressly declare. A j^-rcat influx of labour,
and an overst<X'kin^ of the trade with hands, were therefore im-
posisible. Moreover, the Gilds were not yet close corporations,
and in tlie then state of handicraft a larê capital to carry
it on as a master was not re(|uired. And il" we consider, finally,
that from the freciuently recurrinji;' restriction of a master to
only one servant ^, a very insij^-nificant number of them must be
infernnl, and that many (iild-Statulcs do not even mention
servants at all, hut only aj)prent ices, it appears very probable that
the majority of apprentices would, as soon as their aj)prenticeship
had exjtired, practise their handicraft on their own account, and
that only a few w ould work as servants, and these merely lor a time.
Of a real workin*^-class, with separate interests and ideas, there
was therefore at that time no question at all. We meet with an
exception to this rule only in the cloth manufactures of the
Bel4ian towns, which were carried on on a larger scale and for
an extended market. Here servants took part, as delegates of
their class, even in the supervision of labour-, gave their consent
to the ordinances for regulating the trade, and received their
pay in a definite proportion to that of their masters. In some
places, as at Bruges, the servants received a real share in
their masters^ profits '\ Even where the supervision of woollen
* For iDBiAnce, Statu ts flcs Chandeliers dc Rouen, rcdigrsen 1360, Ouin-Lacroix,

p. 5''9-
' Moke, vol. ii, p. 108 : "A
Ypres, nous voyons Ics valets ndmis h partager la
Burveillance du tnivail. Ce dernier rl-glement, qui date de 1280, divise ainsi lea
inspecteurs il y aura dans la ville d'Ypres deux voies (c'est-k-dire deux inspec-
:
tion-), rinspection du nord et I'inspection du sud. Dans chacune six nialtres et

trois valets."
"
' Moke, vol. ii.
p. 99, says, speaking of the " Anciennes Ordonnances d'Ypres
of 12S0: "Void dans quelles proportions s'y trouvent calculus les salaires du
maltre et du valet dans le m(*tier des tondeurs :
. ;;
IV. THE CRAFT-GILDS. CXXXVii
manufactures was entirely in the hands of patricians, no rogula-

tions were framed without the servants having been previously
heard '
Such harmonious relations^ however, cannot be inferred from

the accounts we have after the middle of the fourteenth century
and this, it appears to me, was in consequence of the degenera-
tion of the Craft-Gilds, which in certain places and in certain
trades We must not
commenced with the fourteenth century.
forget that these Gilds were not unions of labourers in the pre-
sent sense of the word, but of persons who, with the help of some
stock, carried on their craft on their own account. The Gild
contests were, consequently, not contests for acquiring political
equality for labour and property, but for the recognition of
political equality of trade-stockand real property in the towns.
These contests, therefore, nowhere led to a participation of the
masses in the government ; but in the place of an oligarchy of
landed proprietors, an oligarchy of capitalists stept in -. If
originally the capital required for carrying on a craft was but
insignificant, and was possessed by the majority of the lower
classes of the townsmen, so that the possession of small capital
did not characterize the Gild in a higher degree than labour, yet
this state of thingswas changed with the advance and flourishing
of trade, and the increase of riches amongst craftsmen. But in
proportion as a trade advanced and acquired wider markets, it
afforded greater opportunities for the employment of capital
and in the same proportion the Craft-Gild changed from a society
for the protection of labour, into an opportunity for the invest-
ment of capital. But at the same time this rise in the money-

power of the Gilds and especially of the cloth manufactures
drew the villeins in masses into the towns and into the trades ^
Concern for the productiveness of their investments aroused
the spirit of monopoly in the craftsmen, and called forth a mul-
Le Maitre. Le Valet.
12 8
lo 8
20 22
H 43
Les reglements du metier des Tisserands k Bruges (p. 14) ordonnent que de cinq
deniers le maitre en ait trois, le valet deux (or le maitre fournissait le metier et
le local).
" Plusieurs ordonnances rbglementaires portent pour clause, *
du consentement
des maitres et des valets.' "
^ Thus at Brussels, see Moke, vol. ii. p. 108.
'^
Arnold, vol. ii. &c.
p. 292,
' Compare Eden, State 0/ the Poor, vol. i. pp. 30, 43, 57, 61.
:
cxxxviii IV. TiiK ruAiT-ciiLDa.
titiidc of rrstr'rtions on !!> tsniiH^tition of llio new njqiirinj''

fninilii\<i. intmiuv fivi wtro raiMiI and on tlu* ('ontuuMit
'I'hr ;
art>j*o the cUHtom of rN|uirinj^ n etihtly mnlt'r]>icHo from every
outsider \vh< wanted Iwive to carry on n cmn on Iiis own acjount,

I
whilst i-nlnince wai* made ea^sy to tlic souk an<l sons-in-law of

memln^rs, a well us to those who marne<l a widow In'lonjîn*^
to a (iiKP. At Hrrnion, where, it ap|Har8, shoos w(re nia(h
for a lar;:er markrt, as early aH a. n. 1300, the mcnilH-rshii) of
the (tihl amon^ the SIkh makers was inherited hy hoth sons and
danii^hters; and every one who biHâme master liad to pay a
( r of a mark.
'
In 30S it was dtcreed in that town that
1
\ r was not horn in the (Jild, must Ixlore enti'rinjj;' it In?
il of a fortune of eif^ht marks free of deht *. At Tournay ^

]
il Ueame niH?essiiry as early as 13^5 to forhid usurers (arryini;-
on the Weavers' trade. The cajutalist character of the (iiid

became prejwnderant to such an extent, that j)roof of the j)os-
session of ca|ital, or of a house in which the trade was to bo
carrie<l on , was frequently made a retjuisite for a candidate's
admission. Ot\en we tind a forhiddance to carry on trade
with Ijorrowed capital*; and hence, even where the practice of
inheritinijf tlie free<lom of the (Jild had not been estaldished hy
the Gild-Statutes'"', the freedom lecnme i)nicti(a]ly hereditary
on account of the difliculty of conipl\in<' with the conditions for
entrance. Even the requisite of spotless honour for admission was
abused ]y the Ciild-mi etin^^s in order to keep ofT competition,
for they had the right of rciusing' admittance to an} body. \Vliole
classes of persons were denied admission, as in Germany, all
born out of wedlock, the sons of penj-ants, &c, 7 In P]n;^];md
also leîtimate birth was a requisite of admission Besides, '^.
' Ouin-Lacroix, p. 651 Statuts des Eperovniers de liotien en 1358, art. xi. p.
655 Statitt' dcs Filasicrs et Filassieres de Jimien, 1358 ct 1394, art. xvi., &c.
;
' Berlepsch, vol. iv.

pp. 32, 34.
* Ouin-L.icroix,
p. ']^()~ i^tatuts dcs TIsscrmuh de Townay en 1365, art. ii.
Un usTirier ne pourra exercer le nicLier de tisserand."

lierlepsch, vol. vi. pp. 126, 127.
*
Berlepsch, vol. ii. p. 220

*
Cliartcr of the Vienna Tailors, 1340.
* Ouin-L;irnix, p. 740 Statuts dc Forgerons dôvtrc lex rivieres d'Orvc ct Anre
en Xormanuie en 1405, art. i. "Kul ne frrgera b'il ii'ewt fils d'un furron ou
:
marl d'une de ses fides."

' Berlepsch, vol. iv.
p. 33 I'olitz and Eulau, 1 841, vol. ii., Stock's article on
;
GildM.
See the Constilutions of Masonry, printed by Mr. Halliwell from the MS. Bibl.
'
Keg 17. A. I fol. 32, in the Briti.sh Museum, second edition, 1844. Though
these recognize the keeping of concubineB by Masons, telling one,
' Thou schal not ly. by thy felows concubyne,
. . .
No more thou woldest he dede by thyne," (1. 324-328)

yet by Art(culns quintus the apprentice is evidently to be of lawful birth :
; ;;
IV. THE CllAFT-GILDS. CXXxix
in this country in tlie fourtoenth century every citizen had to

swear, when he received the freedom of the City^ that he Would
take no apprentice "" but if he be free-born, (that is to say) no
bondsman^s son ^ " and if after he was made free of the Gild
;
and the City, it was known that he was of servile condition,

he lost his freedom ^. In short, in the fourteenth century com-
menced the transformation of the trades into entails of a limited

number of families, though this number may have been large
and the narrow-minded spirit of capital, petty rivalries, and
hateful egotism began to take the place of the great idea of as-
sociation and solidarity under which the Craft-Gilds grew up and
flourished. Sometimes the richer craftsmen withdrew from their
poorer brethren into separate Gilds, as, for instance, the Shoe-
makers from the Cobblers, the Tanners from the Shoemakers -^
and we frequently hear of disputes among the Craft-Gilds con-

cerning what belonged to their trade ^. The Emperor Sigismund
also complains, in 1434, in his Secular Reformation^ ^ that member-
ship of the Gilds had then to be '^grossly bough t,''"' that in the
town council the crafts followed with partiality their own advan-
tage only, to the public detriment and he believes that the ;
only remedy would be their abolition. Similar abuses of the

craftsmen perhaps contributed to the ordinance requiring returns
as to the aims^ constitution, statutes and means of the Gilds,
"
The fyfthe artycul ys swythe good,
80 that the prentes be of laivful blod" (1. 147-8.)
And the apprentice of higher degree is evidently also legally born :
" By olde tyme wryten y finde,

That the prentes schulde be of gentyl kynde
And so sumtyme grete lordys blod
Tokethys gemetry, that ys ful good." (1. 143-6. F. J. F.)
* Compare the well-known passage in the Constitutions of 3Iasonry (JSiS. of the
fifteenth century), ed. Halliwell, p. 16, Articulus quartus :
*'
The fowrthe artycul thys moste be,
That the mayster hym wel bese
That he no bondemon prentys make,
Ny for no covetyse do hym take ;
For the lord that he ys bonde to,

May
fache the prentes whersever he go.
'êi yn the logge
[note the early use of the word lodge] he
were ytake,
Muche desese hyt my3th ther make,
And suche case hyt myjth befalle,
That hyt myath greve summe or alle." (1. 127-136. F. J. F.)
* Stow's Survey of London, p. 328, where examples are produced of citizens

losing the freedom of the City in later times on account of their being born as
bondsmen.
^ Berlepsch, vol. iv. p. 41, &c. ; Ouin-Lacroix, p. 748 Tannewrs de Sens, 1375,
art. X.
* Berlepsch, ibid.; Riley, ilifgmonaZs, pp. 156-162 Herbert, vol, ; i. p. 104.
'"
GoJdasti, Constitutiones ImperialeK, vol. iv. p. 189, cap. iv.

rtl } IV. TIIK CRAFT-nil.DS.
Ill I ^ H' ^ \ II.. to wliirh \v^ iiro iinh'litiHl for most of tlio
l<H'umi itaiiuMl Mr. SmitliV r.|K'('tinn.
in At Iniht, vmn-
plnints n;:7nnst tlio wrn nt other tinuH tlu' JMâHion for
(iilils
Huoli iiKHiirits. Tims, in tlu vnac of tijo London Wâvrrs in
14 txlwanl 11., and latrr in 14^7, 15 Ih-nry \'l., on a ]M'tition*
of tho (\>mmons to the kinj^ (Itvlarin*^ that the (Van-(iihls nhuHOfl
the priviU'^}< ^ranttnl to them hy enaetin^r ordinances linrtful
to tlie eimm<n profit of the ]êople and in nnr tini' also we
;
luive WN'n, fnm the siime cause, sometliin^ siniihir in tlie Koyal
Commiiion on Trade-Vnions. The Act whieli followed in eon-
eequenee (f the jx-titicMi in 1437, tlie ',111 Henry \'I. e. 6, 7,
i
oniaimnl, Upsides the returns just mentioned, " that they [the
Gilds] should not make or use any ordinance in disparity or
diminution of the franchises of the kinpf or others, or atâinst
till' common profit of the people, nor allow any other ordinances
without their l)ein<i;' first a|i])r()ved and enrolled hcfnre such

Justices of the Peace, and that the same should he l>y them
afterwanis revoked and recalled, if not found to be wholly loyal
and reasonable,'' &c.
The last-mentioned restrictions in the Craft-Gilds at a time
the middle of the fourteenth century when the villeins were
rushinqf in <jreat numbers into the towns to take up trades, must
have j>revented a threat number, and in several trades the majority,
of workmen, from themselves becoming independent masters ;
and thus there arose a real work inf,''-class, with se])arate views and
interests. AVhilst the statutes before the fairteenth century
frequently do not even mention the workmen, after the middle of
the fourteenth centuiy it became absolutely necessary to reg-ulate
their relations to their masters. Above all thing's, the provisions
for the settlement of disputes between masters and workmen
which recur in all countries, are strikinpf, as well as the care that
both masters and workmen should fulfil their ol)lio-ations to each
other. The deciding authorities were here always the wârdcns
of the Gild. Masters who withheld from the workmen the wages
to which they were entitled were compelled to pay by the Gild
authorities^. On the other hand, 'Mf any serving man shall
* Herbert, vol, i. pp 106, 107.
' Riley,ileviorfah, p. 306
Articles of the Alien Weavers, 1362: " If any
workman has served his alien master by the day or by the week, and the said
master will not jây the workman for his work, accordin;:^ as they shall have agreed,
the grKxl folks who shall be ordained or sworn to keep and rule the said trade,
shall have power to forhiid the said master to be so daring as to work at the said
he shall have paid his workman what he is bound to pay him. And if he
trarle until
shalldo the contrary, and be convicted thereof, let him pay to the chamber the
penalty that is underwritten." See also Ibid. p. 512
Ordinances of the Founders,
1389, and others. The Gild-Statutes of the Continent show the same fact^ for

IV. THE CRAFT-GILDS. Cxli
conduct himself in any other manner than properly towards his

master, and act rebelliously towards him, no one of the trade shall
set him to work until he shall have made amends before the
mayor and aldermen, and before them such misprision shall be
redressed^." In the case of the Tailors of Vienna the rule became
necessary that '' no workman shall be allowed to leave his master
fourteen days before a festival," that is, at a time when there
would be the greatest demand for work^. Among the Tailors of
Silesia we find that in 1361 the system of journeymen travelling
in search of work was already completely organized^. Some of

the Continental statutes probably with the object of restricting

competition made it a requisite of mastership tliat every one
should have worked as a journeyman for a certain number of
years ^. Moreover, all journeymen were strictly forbidden to work
on their own account ^; and, where they were allowed to marry,
their wives were forbidden to work^. These workmen had also
frequently to become members of the Gild, and had to pay con-
tributions'^. But a great difference was evidently made between
the wôrkman who had no prospect of becoming a master, and the
apprentice who took to the trade with that view^. Besides also,
we meet with beneficent regulations in favour of the workmen.
Thus, for instance, the articles of the Braelers^ decree "If any :
serving man of the said trade, who has behaved himself well and
loyally towards his masters whom he has served, shall fall sick^
or be unable to help or maintain himself, he shall be found by the
good folks of the said trade until he shall have recovered and be
able to help and maintain himself."
instance, Ouin-Lacroix, p. 748 Statuts des Tailleurs de MontpelUer en 1351, art.

xi. " Si quelque maitre ne faisait pas justice h ses ouvriers en leur refusant leur
:
salaire, il sera tenu de les satisfaire k Tarbifcrage des maltres." Art. xii. "Si quel-
:
que ouvrier obligd en vers quelq'un des maltres, ne voulait s'acquitter k I'arbitrage
des autres maltres, nul des maltres ne lui donnera plus d'emploi." See also Ibid,
p. 740 Statuts des Forgerons, &c., en Normandie, 1405, art. i., and many other
Gild-Statutes.
^ êe'RWey's Memorials
Ordinances of the Whittawers, 1346 (p. 232); Braelers,
1355 (P- 277) Founders, 1389 (p. 512) Brasiers, 1416 (p. 624), &c.
; ;
^ Berlepsch, vol. ii. p. 229.

3 Ibid. pp. 230-233.
* See, for instance, Ouin-Lacroix, p. 735 Statuts des Boulangers d' Arras en 1372,
art. i.
See, for instance, Ouin-Lacroix, p. 748 Tailleurs de MontpelUer ewi^s i, art. xiii.
* For instance, Ouin-Lacroix, p. 584 Cardiers de Bouen en 1397, art. xii. p.
675 Gainiers de Rouen en 140^, art. xiii.
;
' See Riley's Memorials, p.

547 Articles of the Leathersellers, 1398 Ouin- ;
Lacroix, Tailleurs de MontpelUer en 135 1, art. ii.

*

For instance, Riley's Memorials, p. 570 Articles of the Bladesmiths, 1408 :
" And that no one of the said trade shall teach his journeymen the secret of his
trade, as he would his apprentice, on the pain aforesaid."
^ Riley's Memorials, p.
277.
c&lii 5 IV. TiiK rR\rT-ciLD.
The of I ^4^, and \hv .n-r.nn nl

<]t'|x>|)ul:itlon, l>roij','lt
- int^nst- of tin*
the oj ij Int^xtfii tin* \vnl>inj^-<la.ss aiul llio
employorw for the first tiino on n lir;r' hcnio to a criniB. As tlio
clergy took ath;* xUv siuiill miml *t of \]u*sv who
f muM
isiy nuMcipft and ..... ;
m
o<tnformity with tho intriitions of tlu*
faithful in onlcr to inen>n<f their fi-eti, and as merchants and
tradesmen took advnntniri* of the small supply of wares to ruiso
their pritn*!*, in hke manner the workmen iMuiravoured to uw, for
a j^MUT.il rise in wai^J*. the distress into which the jirojH'rtird elaiis
had Uvn |lnn^Hl thronj^h the universjil ih'arth of lal our. The
con8etjni'ne''s nf this urn' tlu' notorituis Statutos of Lahourers
(23 and :5 Kdward III.), in which it was ordained for workmen
in fjeneral, hut espcnially for a:ricultural hihourers and those em-
jdoyiH.1 in the huildin**- tnich's, that no workman should take more,
and no employer should îve more, than had hecn customary
U'fore the plai;ue. It has hccome the fashion in our time to
represent thc?e waj^reûlations as a policy contrived for the
ojkpression of the lahourcr, and this especially in explanations to
workin'-men askin*^ for Ic^âl re;-ulations of \\a^cs, as they
fre<]uently did towards the end of the last century and in the he-
^nniu^ of the present,of the superior value of modi rn le^îslation
for the \\orkinL,^-elas-j. To <rive such a character to these statutes
is however, in my judgment, a complete misrc})rcsei)tation of the
real state of the case. These regûlatioDs of waês were but the ex-
pression of the S'eneral policy of the Middle A<>;cs, wliich considered
that the first duty of the State was to i)rotect the weak a;4ainst
the strong, which not only knew of rijii-hts, but also of duties of
the individual towards society, and condemned as usury every
attemj)t to take unseemly advanta<>e of the tem})orary distress of
ones neig-hbour^ Accordin**" to Kni^-liton, there existed at the
time of the plague such distress and such general loosening of the
bonds of society as is only to be found in tlie descrii)tions of earth-
quakes in South America. Whole villages died out ; houses fell into
ruins ; n(body would work except for enormous wages. In con-
sequence of this, whole flocks perished for want of herdsmen, and
the corn-crop?, which were unusually rich that year, perislud on
the ground, as no rcajêrs could be found. All existing relations
threatened to become dissolved. To this was added an incursion
of the Scots; and then the king, in order to bring something like
order into the chaos, and to save the State and society from de-
struction, issued the ordinance which compelled the labourers to
' From this policy mediaeval price-regulations of wares, and

sprang indeed all
punishments and the frequent and wtU-
ei?pecially of proviaions, as well as thp severe
meant, though niibtaken, prohibitions of the engiossing of goods to re-sell them at
higher prices in times of dearth.
IV. THE CRAFT-GILDS. Cxliii
work In order to have something' like a fixed

for fixed wages.
standard, he naturally reverted to the scale of wages which ex-
isted before the plague. But ordinances of this kind were by no
means directed against the labourers alone, for similar measures
struck at all who in a similar spirit of usury would enrich them-
selves from the general misery, like those clergy who claimed
larger fees for their prayers and masses, and like those merchants
and tradesmen who raised the price of their goods. The purpose
of the law, to protect especially the weak, may also be seen in the
punishments which the rich incurred who paid higher wages,
thereby raising the general rate, and thus preventing poorer men
from hiring labourers^. However mucli this policy must be con-
demned as unwise from an economical point of view, yet surely
to render it suspected, as is the pharisaical wont in our days, is
miserable ; more moral than ours,
for at all events its basis is
when we give up our workmen without protection to their
employers, and they have to choose only between the conditions
of their masters and the workhouse or starvation.
In the towns the plague produced the same consequences as in
the country, and accordingly, in 1350, we meet with a regula-
tion by the mayor of London, of wages and prices in all trades
in the City -. Likewise, in the ordinances of the Craft-Gilds
agreed upon after the plague, we invariably find the rule that
nobody '^ shall take for working in the said trade more than
they were wont heretofore \^'' And when, in the year 1362, a
tempest caused fearful ravages amongst the roofs of houses, there
was issued a '^ Royal order, that materials for roofing, and the
wages of tilers, shall not be enhanced hy reason of the damage
done by the late tempest * ; " an order whose title alone confirms
my statement as to the motives of these laws. These endea-
vours of the labourers to raise wages of course showed themselves
first and most strongly in the trades in which, as in the cloth
manufactures the new development had progressed the farthest,
'^,
and in which there existed a large working-class. Thus we find,

in the year 1350, a petition^ from the Master-Shearmen to the
City authorities of London, in which they complain that they
could no longer have journeymen at the same rate of wages as
formerly that " now the men will not work otherwise than by
;
* See Knighton's Chronicle in Historice Anglicance Scnptores decern, pp. 2599-

260 1 .
Londini, 1 652. Consult generally on the Blnck Death of 1 348, Mr. Seebohin's
excellent series of articles in the Fortnightly llcview about two years ago.
F.
^ Riley's Memorials, p. 253.
' For instance, Riley, * Ibid. p. 308.
pp. 245, 292, 330, &c.
' In later times a Truck Act was also first required for the cloth manufacture,
that of 4th Edward IV. c. 1 (i 464-5).

Riky, p. 251.

c\Uv 5 IV. THK ( i:ait-(;ii.ds.
til' ' nnil tinn - 1\ liurrv omt tlif winio, tlial tluv do
jjit,.: :...;ujij^" to tlu : ... to wljoin surh rlotliH Ih-IoM"^ ;
" iiiid
timt thori'rore the old inistoms hlmuKl Ik? re-cHtaMisluMl nn<l'r

|ti*nnltic^. One of tlu'ir onliiuimt'H in thr siimv yur hIjous that '
th yiiu'ii in disjuit* slM'twrt'ii a niast4raiul Ins workiiHii had

" I TV
*'
alrrad_\ availtd tlu'UJ.'it'lvt's ^riMTally of strikes as a
meant* of pTYHMirinp wit isfact ion for thfir ffllow-workers ; it was
therefore '* ortlaiiu^l that fnuii heiuM'ftrth, if then* he any dis-
]ute mtivi-d and his man in tlie said
let ween any niast4'r
tnide, hucli dispute by the warden of the trade."
sliall le settle*!
If the W(rknKin did not suhmit to tlie warden, he was "to be

punished by tlie mayor and aldermen at their diseretion." The
statutes of the Alien Weavers of 1362^ eontain the same enact-
ment verbatim.
Accounts at that time of strikes in the buildin^'-trade are
particularly numerous; and this is easily explained by the pecu-
liar circumstances of this trade, which dillered from all others.
The trade ajjx'ars to have been of a twofold kind. When cathe-
drals and palaces were built, there was but one master the
architect of the present day. Between him and the workmen
there were masters and foremen answerinj^ to the masters and
foremen of modern faetories^ The "lodge "^'^ itself of the archi-
tect was very similar to our factories; it consisted of one or
more workshoj>s in which the workmen worked tog-ether; and
the part of the Code of the Kochlitz Stonemasons referring" to the
workmen, bears a perfect resemblanec, iiintai'iH mntund'iH^ to our
factory rules In the Ijuiiding of dwelling-houses, however, it
'.
apjK'ars to me that the owner himself conducted the work, that

he engagtHl both masters and workmen, and that the masters
stood to him in the same intermediate position as the foremen
alx)ve mentioned. Hence we find in the legal regulation about
wages, special directions how much wages the masters in the
* Riley, p. 247. ' Ibid. p. 306.

' See in Berh-jisch, vol. pp. 194-209,1110 Code of the Rochlitz Stoncin{i.son8
viii.
of I462, which was formed after that of StraHburg aIo Ouin-Lacroix,

;
p. 227, &c.
* The German word is " Hiitte." It meant a well the workshop as the place
of meeting, which in tho.se days were identical. The seemingly different meaning
of the word lod(jt in early (as in modern) England has been noticed above, p.
cxxxix, note 1. Compare too from the same Coiostitutiima of JSIimonry, p. 22, of
the apprentice's duty :
** The prevystye of the chamber telle he no mon,

Ny yn the loyye whatsever they done ;
\\'hat8ever thou hf-ryst, or Hy>te hem do,

Tell hyt no mon, whersever thou go." (1. 279-282. F. J. F.)
* Berlepscb, vol. viii. j)|). 204-209.
IV. THE CRAFT-GILDS. Cxlv
building trades were to receive ^ ; and it was frequently defined

how much the master might retain of the wages which wêre
paid to him for the workmen 2, or that he should deduct nothing
for himself^. Sometimes also they undertook such buildings in
gross, i. e. by contract *, as is proved by the statutes of the
-* London Masons of 1356. Thus these old building-trades show
a great similarity in their institutions to those of our modern
Great-Industry there were fewer persons who carried on the
;
trade on their own account^ and a greater number of dependent

workmen^ than in the other trades; and the last-mentioned
ordinances point to relations, such as are still greatly abhorred
by workmen of the present day. Naturally, those relations led
then to the same differences between workmen and their em-
ployers as they lead now. Thus in England the ^' Royal man-
date as to the wôrkmen who have withdrawn from the works at
the Palace of Westminster ^ "" tells us of a strike amono-st the
wôrkmen in the building-trades and the two laws enacted there
;
in the Middle Ages against combinations, congregations, and

chapters of workmen, the 34th Edward III. c. 9 and 3rd
Henry VI. c. i, were directed against workmen in the building-
trades only^. Moreover, the peculiar position of these trades is
indicated by the fact that all the legal regulations of wages in
the Middle Ages which are cited by Eden 7, refer by the side of
agricultural labourers
exclusively to the workmen in the build-
ing-trades. About this time also there sprung up in the build-
ing-trades in France the ^' compagnonnage,'^ and for centuries it
existed among workmen only employed in these trades^.
Though the combinations and Trade-Unions in the building-
trades of that age may be explained by the altogether peculiar
circumstances of these trades, and though they must therefore
be considered as an exceptional phenomenon, yet, on the other
hand, the rise of a class of journeymen with special interests and
views must have necessitati'd and called forth an organization of
^ See Riley, p. 253 Wage-regulations of the City of London ; also the 25th
Edward III. c. 2, as well as the 34th Edward III. c. 9.
^ Berlepsch, vol, viii. p. 171. ^ Ibid. p. 197, art. 9.
* Riley, p. 281. ^ i\y{^^ p^271.
Compare, too, the Ordinances of Worcester, art. 57 (Mr. Toulmin Smith's
collection, p. 397). The Act of Henry VI. (a.D. 1424-5) mentions "the yearly
congregations and confederacies made by the Masons in their general chapiters
assembled."
''
Eden, State of the Poor, vol. i. See also Riley, Liber Albus, pp. 251, 288.
^ See Simon, Etude historique et morale sur le Compafjnonnage, Paris, 1853, p. 90,
and others. This term meant originally, says the Diet, de I'Academie, " the time
during which a young man who had finished his apprenticeship worked at his master's
before he could set up for himself. It is used now for the union of artisans in dif-
ferent a.ssociations." The latter is the son!e in which it is employed in the text.
k
t aUi } IV. TIIK I uAri-i.ii.i*.
thrm. Acconlinfflv, wo meet on the Continent nlK)ut lliis time

:<xMal ! of jiMinu'vnuMi, wlurli vvrn' fnrint <1 .il'tor
i kIiI oI ;... :...: ...ilii-s of cr.iUsnuMi, just as the Cralt-C iiUla
worv after that of the Towu-GiMs. Tlicir stitutos refer to eom-

mon divine iservico at btattnl times, to eominoii meals with a
njr.' '-H'tions uImiuI niaintainin^ order on tlu'se oeea-
! * I
i<. .
r nuvtinv to hurials, to support and nursing"
of the ck, to entrance-fee^, contrihutions, &c. Every journey-
fthetnide in a town had to In-louiif t/o it. AN e also find
journeymen
ns for tlie to do tluir duty faithlully to their
and ineuleations of tiie rules of the Craf"t-(iild, as, for in-
in. it. rs,
stance, that no one should summon another hefore a court of justice

until a compromise had heen first attempted hefore the wardens
of their own journeymen's fraternity, and next before those of
the Ma.sters' (iild. For these fraternities appear generally as sup-
ils to the Ma>ters' (lilds, ]rovi(lii)^ only especially for the
.' and R'ligious wants of their fellow-members of the journey-
man class. Tliey were therefore recognized by the Masters' Gilds,
and even established by their consent. Thus the Journey men-
liakers of Copenhagen founded, in 1403, a (iild in honour of
'
St. Catherine; and we have still the ordinances of the Journey-

men-Hakers at Hamburg from 1481 ^. !Many others, no doubt,
existed besides. In London also the same wants led the
journe\ men to form the same org-anizations. But here the City
authorities were evidently afraid of the workmen abusing their
unions as a means of raising wages. At least, in 1383 they
Lssued a proclamation'* forbidding congregations, covins, and all
conspiracies of W(rkmen in general; and when, in 1387, three
journeymen cordwainers, wishing to found a fraternity, combined
with a Friar Pnacher, in order that he might obtain for them a
Confirmation from the Pope, and thus secure them against the
hist-mentioned prohibition of the City, they were pounced down
on, and carried off to Newgate, under the powers of the said
proclamation, before their plan could be carried ouf*. record A
of 1396 shows the existence of a religious fraternity of the
Bcn-ing-men of the Saddlers, " called yomen '/' They had their
* Will- -^, 2 Berlepsch, vol. vi.

p. 125.
* R"- 480. rials, p. * Ibid. p. 495,
* Mr. i. ;i note to this word, that " it po-8i]ly may have been
I
intended ait n of the word.s yourij^ man,' equivalent to garcio, and'
raJctlus." 1 have uo d -iibt that this iH the riglit explanation of the word. The
20th Ri'-hard fl. . T 'j.âkH of " varlets called yeomen." The word is identical
*' JunfjyeJ*dle. J unfigeselle means bachelor, a word which
î .
eoman see, for in.stance, Herbert, vol. ii, p. 652. The
.
;
reaMTin forcaliin? th*^ journeymen of the craft yeomen and bachelors, was probably
lh.it ih-y were at that time in England, as wa.s the case in Germany, not allowed
IV. THE CRAFT-GILDS. Cxl\ ii
own livery, and and had, in 1396, existed thirteen

six governors;
years. But as the Masters were of opinion that this fraternity
might be made the means of raising wages, it was, at the
Masters'* request, suppressed by the City authorities ^. The same
fate befell, in 141 5, the brotherhood of " yomen taillours/^ who
in like manner wore a livery, had their meetings and religious
services, and lived in houses in common 2. However, in spite of
this attempt at suppression, the brotherhood continued to exist;
for in 141 7 they petitioned the City authorities to allow them
to hold religious services for the souls of their departed fellow-
members on the feast of the Beheading of St. John the Baptist
(August 29), and '^ to do other things which theretofore they
had been wont to do." We have no account as to the result of
this petition, but it was most probably refused.
As a substitute for these attempts to form an independent
organization of the journeymen class, the City authorities ahvays
decreed, as in the above-mentioned case of the Shearmen, "that
the serving-men in the trade aforesaid should in future be under
the governance and rule of the masters of such trade, the same
as the serving-men in other trades in the same city are wont,
and of right bound, to be.''^ To this was added, for their pro-
tection, this precept, " that the said masters
must properly treat
and govern their serving-men in the trade, in such manner
as the serving-men in like trades in the city have been wont
to be properly treated and governed;" and at the same time
the means of appeal against the decisions of the Gild-masters is
given to the workmen for it is ordained
;
'^
And that if any :
serving-man should in future wish to make complaint to the

Mayor and Aldermen, for the time being, as to any grievance
unduly inflicted upon him by the masters aforesaid, such Mayor
and Aldermen wôuld give to him his due and speedy meed of
justice as to the same^."
From
the wording of these decisions, as well as of the regulations
referring to workmen in the above-mentioned ordinances of the
Shearmen, one might infer that the workmen in the just-named
trades had not yet been under the control of the Gild-masters.
But this is contradicted by the fact that in other cases the work-
men were at that time generally subject to their authority ; as
well as by the fact that the City authorities in the year 1415
expressly reproached the wardens of the Tailors^ Gild that societies
tomarry before they were masters. (On the other hand, we must recollect that
Spehnan, and Wedgwood after him, hold the true derivation of yeo- to be the
Gothic gavi, Fris. gao, gae, a district, county, village, whence Fris. gaeman, a
villager, F.)
- ^ Riley's Memorials, p. 542. ^ Ibid. p. 609. ^ Ibid. p. 542.
k 2
exlviii IV. THE cuaft-ilds,
,- J thfir xvorlcnu'n, tlioiifjli tliosc workmen wire

warili'ns* fontnl. It is po8il)lo, however, that
in ivrtain inwlet*, nnd espeeially in as those traih-s in wliicli
in the eKth-niannf.u'tnre there was a hir^ê
workinj^-elass, tlie
w.rlinin, w)u theniM'lves liad no i)rosi>eet of ever heeoniin^r

had up to that time not heeome a])pren(ices, and
hut therefore iH-hm^ to the (iihl ; and llial lliry were
*T the tir>t time sultjirted to the authority of tlie (Jihl-
, lVrha]>s tlie foUowinp: enactment of the Leatherselh'rs

r< in* to this: "That from Iwnccforth no one shall set any man,
tliild or n, to work in the same trade, if such person he not
jjrjif i'. entice, and enrolled in the trade; their wives and
children only exceptetr."'
It apj>ears, however, that the way in whieh the affairs of
the vn-men were rejûlated hy the masters of the Crafi-Gild,
to whieh the yeomen now helonêd as freemen on the ex-
piration of their aj^prentieeship, satisfied their wants on the
wl.tle; for from thenceforth we know of no further accounts
cf ?ueh fraternities in London. From two laws of Kichard II.
one mav infer that frat^^mities of this kind existed in other parts
of Enfrland for one of these laws enacts, " that no varlets called
;
veomt-n should wear liveries ; the other, '' that no livery should
'
be g-iven under colour of a Gild or fraternity, or of any other

association, whether of gentry or servantSy or of commonalty'-^."
Tlie ordinances of the (iild of the Tailors at Exeter in the time
of Edward 1\'. shfw, moreover, that the servants there belonged
to the Gild ; but the ordinances speak also of a " flcleshyppe of
the I'achelerys'V' which was ])robaljly a fraternity like that of the
Journeymen-Bakers at Copenhag-en, which we have already referred
to; and it probably stood in the same relations to the Craft-Gild.
But to this felhtwship there belon<êd also " schoppe-holders,"
pr()bably such as had become masters and had not yet married.
One instance that masters and wardens of Gilds really protected
workmen a^ninst their masters, is furnished by the " Examples of
the Control by the Gild* " contained m
Mr. Toulmin Smith's col-
lection. In the Gild of the Cordwainers of Exeter a certain number
of wardens was even re^ûlarly taken from the journeymen^.
The dejêneration of Craft-Gilds which beg-an, as has already
b. <n shown, so soon after they had obtained independence and
authority in trade matters in the towns progressed, after it had
* Riley's MimoriaU, p. 547
Ordinances of the Leathersellers, 1398.
* HerJ>ert, vol. i. p. 60. Compare also Eden's State of the Poor, vol. i. p. notp..
597,
* Mr. Toulmin Smith's collection, p. 313.
* Ibid. p. 32 J, No. 6.
* Ibid. p. 332.
IV. THE CRAFT-GILDS. Cxlix
once beg-iin, with increasing rapidity. In the fifteenth century

the capitalist quality of the craftsmen becomes more and more
prevalent among the requisites for obtaining membership; and
ever more numerous become the restrictions by which they endea-
voured to seclude themselves^ and thus to make the handicrafts
the monopolies of a few families. But this was even more the
case in the following centuries, and therefore Lord Bacon, speak-
ing of these Gilds, justly describes them as "fraternities in
evil."
Accordingly we find in
1503, in 19 Henry VII. cap. 7, a
repetition of the restrictions on the*' masters and wardens from
making any new bye-laws or ordinances concerning the prices of

wares and other things, for their own singular profit, until first
examined and approved of by the Lord Chancellor, Lord Treasurer,
or King's Justices/' restrictions which had been attempted in
by ] 5 Henry VI. cap. 6. But as the corpora-
vain, as it appears,
tions, again acting contrary to this law, arbitrarily raised the
entrance-fee of apprentices to 405., the Act 22, Henry VIII. cap.
40 on becoming an appren-
(a.d. 1530) fixed it again at 2s. 6cL
tice, and at 35. 4^/. on obtaining the freedom of the Gild. In
1536 it became even necessary to pass a law (28 Henry VIII.
cap. 5) forbidding the masters of the corporations to take an oath
from the apprentices that they should not carry on the trade on
their own account without the masters' consent and also forbid-
;
ding them to exact sums of money for granting the freedom of

the Gild. How little these laws availed against the selfish endea-
vours of the Craft-Gilds to prevent apprentices from becoming
masters, and thus diminish competition, is shown in the account
by Stow (edition of 1720, p. 329) *^ It was a great matter in
:
former times to give j6io to bind a youth apprentice but in ;
King James I.'s time they gave 20, ^640, 60, and sometimes
00 with an apprentice. But now these prices are vastly en-
1
hanced to ^500, or ^6co, or <^8oo." In agreement with this is

the account that Cromwell granted the Grocers a charter, by which
they were empowered to levy a fine of j'^30 on a member at his
admission ^ The ordinances of the Cutlers of Hallamshire ^, of the
sixteenth century, and of the Framework-knitters ^, of the seven-
teenth, show moreover, in the privileges enjoyed by the children
of Gild-members, the same tendency to make the trade hereditary
which prevailed among the Craft-Gilds on the Continent.
Though the last sums mentioned by Stow probably merely
refer to the twelve great companies, yet the general laws under
^ Herbert, vol. i. p. 183.

^ Hunter's Tlintory of Sheffield, p. 1 19.
^ Journals of the llouse of Commons, vol. xxvi. pp. 790-794.
d i IV. TIIE CnAlT-r.lLDR.
Umrx VIII , wliih littvo Ikvh quc.t4xl, point to snob grront difli-
cullicii liiml-nn;,' a|i>n-nti.'nin nil inuU^ from becoming: mjiHtors,
that wr can va\\v iimh'!>tn(! why tiny were so cxasjx'mttil

*
-tninp'n*. who, H|MM-ialIy aUund and favoiinHl ly kin^>!,
trv on thi'ir i-nifts withii1 tlicsc liiiulranccs. This
c>xa|H*nition M to rfp^ttM insurrt'ctionB of tho apprentices, the
another in i.'',H6, ai,^linst tliose
fn>t n Kvil May-(hiy i.')!;;
foifi^ tmdei'iHvtple who

Kike of religion had sonrrht
f(r tlie
wfiigi' in En^Mand'; and in 1641 it gave rise to a petition

from the nppri'ntiees to rarllanicnt for measures ag-ainst the
sir wlio took away all their ])rospeets of inde])endent
.
fur ,t, whilst they themselves had to strug<jle with so many
hindrances*.
In (ji'rmany also, after the sixteenth centnr}', ordinances
against the ahuses of the Craft-Ciildmen are met with re<;ularly
in the laws of the Empire^, and especially a^tiinst the exclusion of
whole classes of persons from the (,' raft-Gilds on account of prc-
tendcnl infamy of birth. On admission to the Craft-(iild, real

proofs of nobility ^just as in the case of colle'ji'iate elia))ters had
to \ye furnished at the examination whether a candidate was
worthy by his birth of the (lild or not"*. In the ordinances of
individual German States we meet with similar enactments
a<înst the heavy expenses on the admission of a))])rentices as we
do in Enrland, and which were followed by similar results'*. As
the a])prenticeshij) did not last seven years, as in En<i;']and, but
only from two ta four years, the Craft-Gilds, in order to diminish
cnmj>etition, laid the journeymen under the oblifâtion of travelling;",
sometimes for five years^. Moreover, after the end of the ilfteenth
century, the makin'j;' of a masterpiece Ijccamo a requisite for the
right of the independent exercise of a craft. This was a very
costly article, and, after all, unsaleable, as the things required
Stow, ed. 1 720, p. 333.

Tht Apjirmiicf4 vf London Pettion presented to the llonourahle Court of rarb'a-
ime^t, 1641 (liritmh Mneuin) " And first we l>e8eech your honours to take into
:
coiwi'leratio!i the intolerable abuse of our apprenticeKhij) for where we by coercion

:
are necessarily compelled to serve seven or eight years at least, before we can
hare the immunity and freedom of this city to trade in those which are mere :
tnuigen do snatch this freefJom from us. ancl pull the trades out of our hands, so
that by theHe meanB, when our times are fully expired, we do then begin in a man-
ner to guffer a second apprenticeship to them, who do thus domineer over us in our
own trades," Ac.
JUformation guter Polizei zu Ai/gxhnrg, 1530, tit. 39; 1548, tit. 36, 37 ; Becen-
n Imjtcrii, 1551, 83, 84 1559, 75-So'; 1566, 178; 1570, 152; Rekh.
;
tpoliztiordnung. 1577, tit. i;, 37, 3S Recessus Imperii, 1594, 125-127; 1654,
;
106; C'/nrluiiHm Imperii, 1 731.

See Stock's article on Gilds in
Ptilitz and Eiilau, vol. ii. 1841.
See Berlepsch, vol. ii.
p. 235.
Ibid. voL vi. p. 119.
;
IV. THE CllAFT-GILDS. cU
were frequently altogether useless Moreover, in spite of ordin-

^.
ances of individual German States to the contrary, the most

luxurious inauguratory dinners ^ were required, so that the few
who found it possible to become masters, generally commenced
business in debt. The sons of masters^ however, were exempt from '
all these restrictions, from the appointed term of apprenticeship

and the travelling, as well as the masterpiece. Indeed^ the tyranny
of these family-clubs extended itself to the most intimate relations.
Whilst the journeymen were generally forbidden to marry *, the
masters were required to be married ^ and sometimes the candi- ;
date for the mastership was even obliged to point out an " honour-
able and virtuous " maiden as his future wife ^ The descent of the
bride or wdfe was then subjected to the same examination as that
of the craftsman himself; but if the latter resolved to marry the
daughter or widow of a master, special favours were in store for
him. Corporations frequently traded with their freedom"^, and
the latter was often attached to particular houses. Stock says
very justly indeed : "A
merchant's shop, a brew- or bake-house,
a stall in the shambles, the workshop of a smith or shoemaker,
resembled a prebend; they were only more difficult to obtain;
but they were also worth more than the latter, because they
were hereditary^." In France also the Craft-Gilds, after the
middle of the fifteenth century, hardened into the same narrow-
mindedness as in England and Germany, with the same favours
to the sons of masters as regards the term of apprenticeship and
of travelling, entrance-fees and masterpieces, so that as early as
1614 the Third Estate desired the suppression of these Gilds.
The transformation of the Craft-Gilds into societies of capital-
ists, exercised of course also an influence on their government
and it appears altogether natural when_, in the sixteenth century,
we see that government entirely transferred into the hands of
the richer Gild-Members. The Gild-Members were at that time
in England divided into three classes the livery, to which the :
richer masters were admitted; the householders, to which the

rest of the masters belonged ; and the journeymen belonging to
the Gild, who were simply called '^freemen,^^ sometimes also
^^ yeomanry ''''
or "bachelors.^' Instead of the former sovereign
meeting of all Gild- Associates, there now appeared a ^' Court of
Assistants,''^ who governed the Gild and enacted its ordinances.
^ Politz and Biilau, vol. ii.

p. 121 (1841) ; Berlepsch, vol. ii. p. 239. In Eng-
land also masterpieces were sometimes required see, for instance, the b\e-laws of
;
the Company of Framework -knitters ; Journals of the House of Commons, vol. xxvi.
pp. 70O-794-
^ Berlepsch, vol. vi.
p. 128. ^ Ibid. vol. iv.
p. 52.
* Ibid. vol. iv. p. 77. 5 Politz and Biilau, vol. ii. p. 125 (1841J.
Ibid. 7 Ibid. Ibid. p. 127.
Clii { IV. Till: CRAFT-Cill.nS.
Tlio \c^\ appointment of n Court of Assistants is met with

fir*t
uml.r IMiilip ami Marv '. Aftor tin* time of James I., llio
t^.ln^f^^ of th. vt fr.inehiso fnun the '' rowMiniifn^" to the
'
ctnirfi* of the u-h InHame ;êntTal in the charters; and in

.
this nuinncr, what liad hitherto existi^l merely on sullerancc

became h*ri. Tl'** ^'"i-' apjiointetl tlie first nienihers of the
court for life. As tlie>e withlre\v or died off, the court itself
tilKxl U| numl>er from former Masters and Wardens.

the
But hkewisc
thet it eho>e from amon;-st tlie liverymen. To
the rest of the (iild-Memhers, election-day hrielly meant the
dav on which they assiinhled in the (iild-hall to hear the
names of the eKH.'te<l proclaimed'. An oath was also introduced
for all memlK'rs, in which they swore to obey the Master and
Wanlens and tlieir ordinances Kei'ractorincss tx^wards the(iilil,
'.
\nolation of its hiws, refusal to accept ofiice if elected, these were

punished as formerly. The charitable reg-ulations also remained
the same as in former times.
The transfer of the centre of force from the Meetinf];'s of all
the (iild- Associates to the Court of Assistants was not always
elTeeteil without opposition from at least a part of the members,
as is proved by a pamphlet of the year 1649 on the Constitution
of the Cloth workers' Com])any, the successors of the old AVeavers'
Gild*. According to this pamphlet, a part of the Gild-Asso-
ciates, relying on the old charters of the Gild, aj)pear to have
claimed tor the whole body of the Gild-Members, both tlie
right of electing their Wardens, as well as of framing ordin-
aiMcs. Against this the said [):mij)hlet endeavours to y)rove,
with the most arbitrary misrepresentation of the sense and the
words, that the word "commonalty" in the old charters meant,
not the collective body of Gild-Members, but only the Master,
Wanlens, and Assistants. A glance at the charters shows at once
the untenableness of this assertion The transfer of the supreme
''\
authority nsted rather, as it seems, on ordinances of the Gild.

However, the democratic party failed in their endeavours.
* Herbert, vol. i. p. 118.

* Ibid. vol. &c. 3 Ibid. vol. i.
ii. p. 652, p. 188, &c,
* One copyof this pamphlet is in the Corporation Library, Guildhall, and two
copies in the BritiHh Museum.- In all three the title is wanting. One of them is
in the collection of pimphleta of the year 1649 given by George III. to tlie
Museum, and hed to it a sheet of writing-paper, on wliich is written in
ink Chiticin'
: wm ofyc Company of ye Clothv-orhers PriuiiidyeH, Aug. 1649.

* The ('hnricr oj the ComjKiny of Clotkwoihers of London, London, printed in the

year 1648 (British Mu.seum).
During my stay in London, the same struggle was
jjoing on in the Waterm- n and Lightermen's Company between the masters and
the men. the latter being ref)reHented by the Thames Working-Lightermen and
Ualermen'B Protection Society, as I was infr^nned by tlie .Secret;iry of thi.s
Society.
IV. THE CRAFT-GILDS. cliil
The possession of large capital, which became more and more

a requisite for the independent exercise of a trade, would impair
more and more the prospects of workmen becoming* masters^ and
wôuld call forth an ever-increasing antagonism between the
interests of wôrkmen and masters ^. It is evident that, under
these circumstances, special laws and organizations became ne-
cessary for the workmen. In Germany, where the Craft-Gilds
were governed as in England, by one master and eight council-
lors, except that in Germany the government did not degenerate
into such an oligarchy as in England, because the collective body
of Gild-Members always elected the governors,
we meet with
such organizations in connection with the system of the travel-
ling of journeymen which had become obligatory since the six-
teenth century.
It was a difficult task to live in a large town, in a foreign land,
with a very scanty supply of cash, until the wandering journeyman
had convinced himself, after many inquiries, whether there was
work to be had in the place. At the same time it was a matter
of importance to the masters living in a town to have the means
of finding out whether there were journeymen in search of work,
so that in case of necessity they could at once obtain hands for
their workshop. Both these wants were met when the host
{Herhergsvater^ father of the inn) appointed to the charge of the
house of the Gild (the so-called Herherge, inn) was obliged to
take in every one who could furnish proof that he was a journey-
man of that particular craft. When, then, a travelling journey-
man arrived, who wanted work, the host was able to give him
the necessary information, for there was in the house a list of all
the masters who were in want of journeymen. If several masters
had asked for men, he who was first on the list received the
first journeymen who arrived ; but the master who had more
journeymen, had always to give place to him who had fewer
in his workshop. Sometimes a special master or a journeyman
was appointed by the Gild to look out for work for the wandering
journeymen ^. If the journeyman found no work, he received
in various crafts (the so-called geschenJcten, donation-giving ones)
a sum of money to support him on his journey to the next town,
which was called the donation [das Geschenk) this came not :
merely from a fund which the journeymen had formed amongst

themselves for that purpose, but the masters also contributed
towards it ^. There are a series of ordinances referring to cases
^ The true employer's spirit is already to be seen from the pamphlet, Relief
of
Apprentices wronged by their Mastei's, London, 1689 (British Museum).
^ Already ordained by the licformation guter Poiizei,
1530, tit. 39.
' Berlepschj vol. iv.
pp. 73, 74.
oliV IV. TIIK CIUKT-OILOS.
inwhioh a jounipyman wnn to tho donation; and as the

forfeit
lm|Mnal Uwn wliii-h nt first

' forluidr altoj^taluT Ihr ^nvin^ of
donation* (on account of the nhuscs cnniHitcd with the system)
ha<l no r'^ V 'hev wen* cont<'ntHl with restriitin;^ it.
In th- imj-ortant tnuh'S in (Jermany this system of
travellinir Itxl to the formation of sjxcial fraternities of journey-
men, which W1 strikin^dy rescmhK' the Trach'-Tnions, that a
dcvcrintion of them may le of intt'rest. Tlie followiii*^'- aeeount
from the Statutes - of the " Shoe-servants^"
is denvixi princijxilly
of Arnstadt in Thuriniria in tlie year i62(S. As the Introduction
informs us, tlies*^ ndes were ordained at the recjuest of the
mast4*n of the Shoemakers' Gihl of that toNvn. It narrates
that of old the Shoe-ser\'ants liad a fraternity, imposts, and
0ome Artieh's lut tliat since these liad fallen into ahcynnee,
;
and the Articles had heen de>troyed in tlie "^reat fire, tlie masters
had decided " to gfct some new Articles confirmed, especially as
in these evil, unquiet, and perverse times it was hi<^li]y necessary
to establish and maintain sound discij)line and honesty in tlu^
crafts." In the first place, an inn was estal)lished, where all
wanderinjj journeymen had to turn in. The host was called
Father; the housewife, Mother; the davif^-liters and niaid-ser-
ants, Sisters; the sons and servants, l^rothers-*. To cull them
othe^^vise was an offence for which there was a fine. The g-reatest
reverence had to be paid to the Father and i\[other. In this
inn the Shoe-servants could obtain a meal for two (jroschen (2j^/.),
and a night's lod^îng" for four pftnnige (about a halfpenny). Work
was also found for him here and no wandering'' Shoe-servant was
;
allowed to enter the service of a ma.-tcr before he had been at

the inn. The fraternity ^âs ôvenied by the whole body of
Shoe-servants, who met every fortnig-lit for this purpose. Re-
ligious service was held before every meeting. All Shoe-servants
bad to attend the meeting, with the exception of masters' sons
who worked with their own father; for as they were not obliged
to travel, the chief object of the fraternity did not concern them.
But masters' sons who did not work with their father were obliged
to appear. Those who came late were fined. Two elders presided
at the meetings. But no meetings could take place, no regula-
tions could be framed, and no decisions come to without the
See the Rfforrnntion guter Polizei, just mentioned,

and Conclmvm Imperii.
i7<. hi-
Berlepsch, vol. iv.
pp. 67-72.
The Gemi.in word is " Schuhknechte," i. e. Bhoe-servanta. The journeymen
Sboemaken were thus callecl in Germfiny up to the year 799, when, at Niirnberg,
i
they firrtgot U. >e calM " Gewelle" (Berlepsch, vol iv. p. 67).
For the identical way of naminj,' amongst the French " Compagnonnage,"
oompare Simon, Etudteur U Compafjncmnafjc, p. 154.
;;
IV. THE CllAFT-GlLDS. clv
presence of the masters' deputies, who were elected annually.

The journeymen had also their own box_, containing their Articles,
their seal, and whatever other documents or valuable effects the
fraternity possessed. The box was provided with two^ and some-
times with three, locks, the keys of which were kept respectively
by one of the elders and one of the masters, so that neither could
open the box in the absence of the other. The seal of the
journeymen could only be used with the consent of the whole
fraternity and the deputed masters. The opened box was the sign
that the meeting had begun, just as with the Craft-Gilds.
While, therefore, the box was open, all present had to remain
with uncovered heads, and during such time all disrespectful
conduct, as well as improper clothing, cursing and swearing,
in short, all that showed want of respect,
was severely punished.
On the other hand, we find that, whilst the box was open, a
social cup was handed round, to the expense of which all had
to contribute. One of the elders had to collect this, as well
as the other contributions and in case he neglected this or
;
any other duty, he incurred punishment. The other contribu-

tions of the members consisted in one groschen {i\d.) entrance-
fee, in a fortnightly contribution of six pfennigen (about three
farthings), with one groschen {}-\cl) every quarter. In return
the members received support in sickness, for which, however,
they had to make repayment if they were restored to health
and in the event of diath they were buried at the expense of
the fraternity. All journeymen had to attend the funeral and ;
this was also the case when any member of a master^s family
died. The Statutes contain, besides, regulations for promoting
orderly conduct and good morals among the Shoe-servants.
Associating with common women, playing at dice, immoderate
drinking, inducing others to drink, gaming, and such-like things,
were all punished. No one was allowed to go about the streets
except in decent clothes and all who insulted or calumniated
;
others were also punished.

Much the same were the journeymen fraternities in all trades^
except in the Stonemasons', for every individual master stone-
mason, with his journeymen, formed a fraternity^. The societies
of the French ^' compagnons " corresponded to these organiza-
tions except that with them I know nothing of a superin-
;
tendence by the masters. There were in both the same ceremonies^
^ See Berlepsch, vol. vii. pp. 162-168 ; vol. ix. pp. 76-89.
* Ibid. vol. viii. p. 192.
^ See in Berlepsch, vol. ii.-ix., the chapters on the journeymen and their
customs also Simon, Sur le Conipagnonnagc, and Agricol Perdiguier, Le Litre
;
dw Coinpar/nonnagc, Paris, 1857.

Olfi ^ IV. TIIK rilAPT-GlLDS.
Qprm ftdmifvion. on cntrnn^^ the inn. on nurtln;; tn^^tthor, and

> forth; and tlu>u^'h tlux- may \>o jmrtly cxplaintHl hy the
intention of t lie journey men Uius In cnhaiuv in tluir own cycfl
f thi'ir - rich in toil, yet these eereni<tnie.s
*
s Ih e. ''1 to a ^reat extent as ahsohitely

aUunl. Aj ncplcct of th<se formalities was severely jjunished
lV the journeymen, they dn'W down i])on tlwinsclves severe
rruirtment^ fnm tlie (lennan Inij)erial Lerislature and in ' ;
Krantx the CotM/ut/Hcnjt (vnionniers el Taillenrs oK V\\\\'^ fell in

conKH|uenct under the j^nater exeommunieation in 1648 2.
I' llv intere'-tin;,'- to modern Tradc-
too, with re^ârd
Uii - tlie punishment hy SchcKen,
(Vaft-(iilds' j)i-actiee of
rpvihngri ><? deelarin^ any one infamous**. Both master and
were
!i reviletl in this manner; atid, indeed, on the
:... :.... grounds, as, for examj)le, wlien any one had killed
a cat or touched a dead dofj^ so also for infrinêments of Gild j)rin-
;
ciples, as when any one enticed away another^s custom. Indeed,

whole Gilds im]iosed such interdicts upon each other. Every
Ciild and every journeymen's fraternity kej)t a " bhick list.'^ In
this, as well as in the testimonials of travel ling* journeymen, the
names of the reviled were ent<'red, so that the warning" against
them spread through the whole country. As soon as the
journeymen heard of the occurrence of such a reviling*, they
tumt'd out of the workshop of the reviled master, or refused to
W(rk with the reviled journeyman, until these had made atone-
ment, and were again recognized as honourahle hy the governing
body of the Gild *. This reviling was the mo.st severe punish-
ment that the Gilds could inflict on refractory members; and
though the strike was not then a legal means of coercion for
the Imperial laws were violently opposed to it yet this shows
that it was at least recognized as such by the employers ^.

But frwjuently as, for example, when the Gild omitted to
* C^mr'nt'im Imj-i(rii, 1731, 9. ' Simon, Sar le Compff/vonvaje,
p. 74.
* III tiic early Middle Ages everj* cri dit<jr u.sed to revile thus his debtor on non-
fulfilment of bis obligationB. See Gengler, Deutsches Privatrecht, Erlaiigen,

18^4, p. 198.
Poljtz and Blilau, 1843, vol. i.
pp. 359-364.
The poHsession of still greattr power by the journeymen is sliown by the
content between the Chapter of the cathedral at Mvgdeb\irg and thf^ journeymen
Smiths of that city, in the year 1600. The Gild of Smiths at Magdeburg ex-
tended abw over the Burroundin;; small towns and villages but the jurisdiction
;
over the maten! and journeymen who livfd there was exercised, not by the Gild,
but by the j'urneymen Smiths of Magdeburg. This relation was even recognized
l>y ihe (government, and in the contest of ifjoo the journeymen compelled it to
carry out their wii^hes, by threatening to leave the workshops and even "to stop
the masters' hammer." Indeed, the Chapter was obliged to pay them a fine of
a hundre<J thalers. Pcilitz and Bulau, 1843, vol. i. pp. 365-369 printed also ;
in Berlepsch, vol vii. pp. 72-75.

;
IV. THE CUAFT-GILDS. clvii
pimish a master who had infringed any of the trade customs

of the journejmen, or who in their judgment was not honourable,
or wlien the masters, by means of the local authorities, had
carried a resolution which was to be entered in their book of
Articles
all the journeymen of a place struck work, and then
wrote to the journeymen of other districts, warning them from
coming to the places of strike ^. Such occurrences took place
especially at Mayence, Wiirzburg, Augsburg. The most famous
of them, that of the Augsburg Shoe-servants^ in the year 1726,
was in fact the cause of the Imperial decree of 1731? which was
directed against this and several other abuses of the handicrafts.
The Imperial laws, however, were never carried out, and the
decrees of the territorial princes remained ineffectual, since the
handicrafts throughout the whole of Germany hung together.
Further tumults on the part of the journeymen led at last to the
entire suppression of their fraternities. In many parts of Ger-
many, however, they existed till the present century -^
Among all these seditions, thongh, I do not know one which
had its origin in disputes about wages. It was rather presumed
infringements of privileges, innovations in trade customs and the
like, which always produced the uprising. In France, it is true,
we already find strikes on account of wâges *. On the whole,
however, these situations show a tolerable understanding between
master and journeymen. The special associations of journeymen
are much rather supplements of the Craft- Gild-organization, than
confederations directed against the masters nowhere do we find
:
a trace of opposition against the prevailing trade-system, as such,

like we see in the quarrels between our Trade-Unions and their
employers the old disagreements seem merely like family dis-
;
putes between parents and children.

But while in Germany and France the working-class was
thus completely organized, and even to a certain degree governed
itself under the superintendence of the masters, we must ask
whether a similar state of things did not exist among English
working-men ? The " Acte towchinge Victuallers and Handy-
craftmen,^' 2nd and 3rd Edw. VI. c. 15 (1549), forbids, it is
true,
^jointly with the conspiracies and covins of the sellers of
victuals
"to sell their victuals at unreasonable prices," all " con-
federacies and promises of the artificers, handicraftsmen, and
labourers not only that they should not meddle with one
;
another's work, and perform and finish what one hath begun
but also to constitute and appoint how much work they shall do
* Berlepsch, vol. iv. p. 77. ^ Ibid. p. 142.
^ Weisser's Reclit der Uandwerker, Ulm, 1823, p. 73.
* Ouin-Lacroix, pp. 15, 16.
:
Olm i IV. THE (RAPT-OILDO.
in Jay. mini what houni ami tiint< tluy hIiuH work ;" and, Ix^sitloH,
tlial thfv j*huM n<4 muko nor tl thoir works lut at a certain
mW." r " '
*
fnrbidtlfn in this Act rci'ur fnMjucntly
in thcli\ i
us ; tlu V tht-rcforc in no way ori^'-iuatrd
in airnvmontu of workmen only, lut as much in those of mast/ere.

>f th' wonl
"
t
certainly docs not refer to
'' liifioun r*'
ti. >. ...*.men <f the crafts, but ])rol>al)ly only to labourers
in . nlturt*. the prohibition of confeileracies of " artijicers and
i. 'Jjimrn'' us much ai^'-ainst the masters
in direotiHl as
agaiiijit the workmen of the cnifts. And the act forbids, in
the Mine breath with the confederacies of the craftsmen in
funeral, all conspiracies of "divers sellers of victuals'' for
nisin;:- prices. This Act, therefore, docs not refer at all to
coiubinations similar to those of our workino'-nicn of the present
d7 (m is the j)revalent explanation), but is simjdy an attempt
to chtvk the increasinj[if abuses of the Craft-CJilds, and this
e8pH?ially in the trades providin<^ for men's daily wants, where
such abuse's would be felt most severely. This explanation,
which is at once j)roved by a closer examination of the Act itself,
is moreover confirmed when tlu* Act is compared with its (jcrman
counterpart, the Imjjcrial Code of Police of 1577, title '^']^.
This law contains absolutely identical prohibitions but these ;
apply avowedly as well to tlie masters as to the workmen of the

crafts. But in any case, the 2nd and 3rd Edw. VI. c. 5 refers
only to transitory combinations, and the existence of a regular
or^-anization of the workinjip-class cannot be inferred from it.
The account in Stow^ of the rising* of the London apprentices,
"when some of their hrothcrhood have been unjustly, as they
pretendc-d, caît into prison and punished," rather j)oints to the
journeymen's fraternities of the Continent. Their outbreaks
against the forci toners I have already noticed. In the seven-
teenth century also they often acted as a body, and expressed
tlieir opinion on all relig-ious and political questions of the
time^. KsiHKjially interesting in this place is the fact, that when
Beirh^fjÂizfiordnunf/, 1577,
^^^- 37 Of Crafts in general
" have also heard : We
M certain, that the craftfmen in their Craft-Ciilds, or otherwise, conspire and com-
bine, that no one ehall Hell his fimshed labour or work by open sale for more or
leas than the others and they thus raise the prices in such sort, that those who
;
need their labour, and vr'uh to Vjuy, must pay at their (the craftsmen's) pleasure,
&.C. We
therefore declnre our earnest opinion and desire, tliat this shall hence-
forth be Id no way sufTere*! by tht; authorities, but that they shall watch over it
where the crafts offend however against this, they shall be punished by the
authorities according to circumstances, without mercy."
* Str>w, edit. 1720, pp. 332. 333.
See Thr. Honour of Loudon A)yprcntic.ci exemplified in a brief Historical
'
Narration, London, 1647 (I^rit. Muh.) further, the account in Godwin's History
;
0/ the Common vcealth, vol. ii, p. 368, "how the apprentices entered Parliament and
forced the Si>eaker and the members to put the question and pass the votes they
!
IV. THE CEAPT-GILDS. clix
Cromwell had abolished the feasts of Christmas, Easter, and

Whitsuntide^ " and other festivals commonly called holidays,^'
as tending towards superstition, and had introduced the strict
puritanical observation of Sunday, the apprentices, who by this
" were not only deprived of the benefit of visiting their friends
and kindred, but also of all set times of pleasure and lawful
recreations,"" petitioned^ Parliament for the appointment by law of
one day in every month for these purposes and Parliament ;
thereupon set apart for them the second Tuesday in every

month ^. The masters, as it appears, were in no way pleased
at this, and curtailed their apprentices in the enjoyment of their
*'
play-days ^ ;" whereupon Parliament, on a further petition from
the apprentices, ordered that on these fixed play-days all shops
should remain closed "*.
In deciding the question whether there existed special

organizations of the journeymen within the Crafts, an ordin-
ance of the Clothworkers'* Company appears also worthy of
consideration " The Master, Wardens, and Assistants shall
:
choose the warden of the Yeomanry they shall govern the

;
Yeomanry in such sort as in former times has been used ^."

Were these wardens of the Yeomanry the same as the masters
who, as in the German Gilds, were delegated to the fraternities
of journeymen? And may we therefrom form a conclusion as to
the existence of fraternities of like nature in England ? The
ceremonies which were customary among the Trade-Unions in
the woollen manufacture down to the thirtieth year of the
present century, show such a striking similarity to those of
the German fraternities of journeymen ^, that the supposition
suggests itself of a derivation of those Trade-Unions from the
old journeymen fraternities. Yet I willingly admit that in
required ;" see also Malcolm's Anecdotes of the Manners and Customs of London,
1811, p. IQO.
^ Two Humble Petitions of the Apprentices of London and parts adjacent, for
Lawful Recreations, &c., London, 1646 (Brit. Mus.)
^ See the Ordinances of the C ommomvealth, an. 1 647, cap. 8 r for abolishing festivals.
,
^ See the Humble Remonstrance of the Apprentices of the City of London, 1647
(Brit. Mus.)
* See the Ordinances of the Commonwealth, anno 1647, cap. 83 Daies of
recreation allowed unto Scholars, Apprentices, and other Servants.
^ Herbert, vol. ii.
p. 657.
^ See the customs of the German journeymen in Berlepsch, vols, ii.-ix. The
ceremonies of those Trade-Unions I found in a pamphlet avowedly written in the
interests of the employers, Character, Object, and Effects of Trade Unions, London,
1834, p. 67. They are again printed in a book by Ward (^Worhmen and Wages,
at Home and Abroad, London, 1867, p. 102), plagiarized in the most shameless

manner with a disregard of the passages which even in that pi.mphlet are
favourable to the workman
both from the above, and from another. On Combina-
tions of Trades, London, 1831. And this one-sided plagiarism its author then
dedicated to Mr. Gladstone !
elx J IV. TiiR cRArr-cni.DS.
cWfiiult nf other information on such ori^mizations \ this

nil
not ap|Hiir t*nhh\ iiiih'ss furtluT proofs sliowM
H
M s|HXMallv an in Kiio-land tlu' journr\ nun wm*

,
! Mxi hv thr (iiiti-Statutos to tnivol f<r a crrtain mnulxT

of Vrtirm whilst in Ormianv ami Franco all journc\ nicn'w asso-
- owcil their orij^'in to this systi-m of travel! ini;.
:.- the p-ncral |Msition of the workmen in tlic sixtjenth

ami m^vcnttvnth centuries, and es]>ecially as to the relationH
U'twi*'n maiJters antl nu-n. we find from the above ordiiiaiiees (jf
the KniÎish Clothworkcrs, that 'controversies between the
liverv ami their apirentice8 were to he settled in the old way
U'fori* the master at the Common Hall," and that "journeymen
-^ .iihl make no unlawful assemblies, brotherhoods, eon i^rc^ât ions,
..' lhK-kinp< together." 'J he (lild-Statutes of the sixteenth and

i
*vent4i*nth centuries further ordain re^^-tdarly, that " no person

of the mvstcry was to hire himself to a ])erson of another mystery,
wliere f:reater washes were oliered no journeyman should work
;
with any of another fellowship, if he can be set on work by a

freeman of his own art ;" no member was to sufler his apprentice
or HTvant "to buy and sell to his own use, or that of persons of
other mysteries," such ])r:ietiee luivini;- brouo-ht masters "to an
after de:de and sore damaê. On the other hand, wu find a
'
' Since I entthe above to the printer I have found among my extracts a note
t-iki-n from the Joumah of the House of Commoiia, vol. xlix, pp. 322-324, wlii(-li
supplies fiunie further infonnation. According to a Report of a Committee of the
Uouite in 1794, on Petitions of the ^VoolcomlJer8. conij)hiining of the use of the
** Gig-mill,*' there
existed then a club among the Woolcomhers. Out of a hun<lred
workmen there was not one to be found who (li<l not belong to it. Every member
hjwl to pay contributions according to the wants of tin; society. Its object was
to Ajit joumeynien travelling in search of work, when work w;is scarce, and to
r* rve the sick and to bury the dead members. Everybody wishing to get relief
i!;';- >K> in pofiscy-ion of testimonials of the society as to his proper conduct as a
^ iid as to his honesty. Whoever deceived the society lost his claims
t .onials and to relief from the funds. The objects of this club, it is
Hj<ii, were the same as those of the German (Jestllcnladeii and the French com-
j-<i'/tifjn*. If we add to this, that the just-quoted records of ceremonies among

Trade Unions refer to Woolcombers al o, the suggestion ma<le in the text seems
greatly corrol>orated. The fact that the modem Trade- Unions call the assistance
given to members out of work simjdy "donation," the translation of the "Ge-
nchenk " r.f the Gennan journeymen's fraternities, seems also worth noticini,'.
There is however one difference to be noted. The said Woolcombers travelled
only when work was scarce, while the " wandi rinj " of the German, and the
Tour de France of the French journeymen, were ol>li.'atory. This, as well as tlie
datf. make me therefore inclined to consider this Woolcombers' Club as a Traile-
l nion for asînting men thrown out of work by the Gig-mill, which may perhaps,
however, have descende^l Irom an old journeymen's fraternity.
' It is remarkable that whilst there
exi^-ts a rich German literature from the
seventeenth century on Craft-Gilds, and especially on the position of the workjiien
in the^ Gilds, nothing on this subject is to be found in England. Most of the
authors who have written on it in Germany were professors of universities or
tudenUi, who h;Ml t^ write a dis.sertation in order to take their degrees.

IV. THE CRAFT-GILDS. clxi
series of regulations, ofwhich the maintenance became in later

times the main object of Trade-Unions. " No person was to
exercise the trade, who had not served an apprenticeship of
seven years, or been instructed by his father for that term ;"
no member was to instruct anybody in the trade, except his male
children and apprentices regularly bound no member was to ;
employ any workman except he were free of the company no ;
journeyman was to work with a non-member. Further, " None

shall lend out or put forth any of his apprentices to work with
any other, because it will hinder and take away the living of
free journeymen no foreigner shall be employed before a free
;
journeyman no householder shall keep above two apprentices at

;
one time, except he employ a journeyman freeman, and then he

may keep three every master, warden, and assistant may keep
;
three " or as in Sheffield, " No person to have more than one

;
apprentice in his service at one time, nor to engage another

before the former be in his last year, nor take any for a less term
than seven years ^." Besides, other accounts of the seventeenth
century show that, in the trades in which these restrictions were
not maintained
either because they were not corporate, or
because the 5th Eliz. c. 4 did not apply to them, or because
the regulations of the Gild or the Statute were not observed
the workmen, in consequence of the abuses practised by their
employers, had fallen into the very hardships for the prevention
of which the Trade-Unions in the eighteenth and nineteenth
centuries have striven to maintain those old regulations ^.
* See Herbert, vol. ii. pp. 656, 657, and vol. i. p. 191 also Hunter's History of
;
Sheffield, p. 119, and Journals of the House of Commons, vol. xxvi. pp. 790-794.
^ See "The Case and Proposals of the Free Journeymen Printers in and about
London, humbly submitted to consideration. Licensed Oct. 23, 1666." "Whereas

there are at this present in and about the City of London, to the number of a
hundred and forty Workmen Printeis, or thereabouts, who have served seven years
to the art of Printing, under lawful Master Printers, and are reduced to great
necessity and temptations for want of lawful Imployment, occasioned partly by
supernumerary Apprentices and Turn-overs, which have increased the number
almost to twice as many on the whole, as would be sufficient to discharge all the
publick and lawful work of the kingdom, The Workmen Printers above-mentioned,
&c. propose : i. That no Forreigners (that is to say) such an one as has not served
seven years to the art of Printing, under a lawful Master Printer, as an Apprentice,
may be entertained and employed by any Master Printer for the time to come.
2. That a provision may be made to hinder the increase of Apprentices and a
limitation appointed as to the number, &c. 3. That no Turn-overs be received by
any Master Printer, but from a Master Printer and that no blaster Printer
;
turning over any Apprentice to another Master Printer may be permitted to take
any other Apprentice in his place, till the full time of the said Apprentice so
turned over be expired for otherwise, the restraint and limitation of Apprentices
:
will be evaded, and the number supplied by Turn-overs," &c. (British Museum.)
Compare also the preamble of *'An Act for the good order and government of the
Makers of Knives, &c. and other Cutlery Wares in Hailamshire, in the county of
York, and parts near adjoining" (21 Jac. T. 1624),
^MH $ IV. TIIK cnAlT-0!LDe.
the Craft-Ciildi evcrywluro had nunk down to moro

As
iociotir for the invcutmont of caiutal, and as
tlirir dividtiulrt
V !, the rxrliision of ronijH'tition, it was un-

'
irit of âin nliould load tlicm to restrictions
which U'canio always morv ouprcssive for the |ul.lic. The

H tln'V cais<'d won* con^'idrniMy inrrcascd hy a process
;, .. Hixttvnth ti-ntury, was of livtjut'nt (xciirn-nco in
;;. r tht'
all txiiintrit*: those Craft-Ciilds namely, wliicli had hitherto

compriseil
-;
kindml
' ' '

craHs, split nj> into several, accor(lin,r to the
' \ These then watched each other with the
in order to prevent encroachments on their
mutual ri:ht., and continually fon<>ht each other in endless law-
guittt. Thus, for instance, the Fletchers and Bowyers in London
ippaniteil themselves into two cori)orations in the rei<^n of
Klizaln'th *. One nii^^ht wonder that, on the one hand, the
workmen, whose position was so much deteriorated by the
defeneration of the Craft-Gilds, did not at once overthrow
their dominion, as the Craft-(iilds had formerly superseded the
degenerated Gilds of the patricians (pp. ex, cxi above); and that,
on the other hand, the State did not, in the interest of the
puldic, take any steps towards the abolition of the Gilds, which
had already been desired so often. But as to the working-men,
thou^^h their position, and especially their prospects, had been
1 ''. deteriorated by this degeneration of the Craft-Gilds, their
was rather a reformation, than the abolition, of those
:
bodies. The Craft-Gilds maintained a number of regulations,

which protected the working-men, and in consequence of which
their material position appears comfortable and free from
cares, if compared with that of the factory hands at the be-
ginning of this century, when these regulations no longer existed.
Uprisings of working-men are therefore to be found in those
days only in consequence of infringements of Gild-regulations.
But as for a reformation of the Craft-Gilds according to the
i
'^ '
of the working-men, the latter were not powerful
._:i to carry it out against their masters.
-- These still held
strongly together in their Gilds, and did not yet, as in later
times (and as formerly the patricians), rival each other in
weakening competition. Tlie State also had changed, and no
longer consisted, as before, of an organization of many smaller
states. As, after the sixteenth century, the State became
in all countries continually more centralized by its kings, it
was not possible for the journeymen to act with the same facility
as the craftsmen had acted in former times in the towns. More-
'
See Hfrhei-t, vol. i. p. 175.
;
IV. THE CEAFT-GILDS. cbXlll
over^ owing- to the men''s isolated method of working, they

had not yet acquired the same feeling of solidarity, or the same
consciousness of the power of mapses, as our factory hands since
have. And as to the State abolishing the Craft-Gilds kings
used the bourgeoisie as a support; first, as Henry VII. in
England, against the nobility ^ and then, because they needed
;
them for pecuniary reasons. The capitalists had yet to attain

the same dominion in the State, which in the fourteenth century
they had obtained in the towns.
The first loan to the kings by the Gilds in England was made to
Henry VIII. ^ in 1544. Thereupon followed, under the pretence
of a holy zeal for the purity of religion, the most shameless con-
fiscation of the whole property of the Craft-Gilds in favour of
the king''s private purse, by 37th Henry VIII. c. 4, and 1st

Edward VI. c. 14 for the donations of which this property con-
sisted had always in Roman- Catholic times been charged with
yearly pa^^ments for supporting chantries for the souls of the
respective donors. The corporations of London had to redeem
their property with .^18,700. From this period the extracting
of money from the trading corporations became a regular source
of supply to Government. In most manifold ways Elizabeth, and
afterwards James and Charles, contrived to screw out of the Com-
panies their wealth. This was especially managed by the grant-
ing of patents for monopolies, and for the oversight and control
of different trades, to courtiers, by which the public suffered quite
as much as the Companies. During the Civil War too, and the
Commonwealth, the Companies had to suffer great exactions and
oppressions ^.
But the causes of the overthrow of the Craft-Gilds arose in
the bourgeoisie itself. These causes were, the rise of large
capital, and its investment in manufacture. The 2nd and 3rd
Philip and Mary already indicates the commencement. After
stating that " the rich clothiers do oppress the weavers, some by
setting up and keeping in their houses divers looms, and main-
taining them by journeymen and other persons unskilful; some
by engrossing of looms into their hands, and letting them out at
such unreasonable rents as the poor artificers are not able to
maintain themselves by, and much less their wives and families
some again by giving much less wages for the workmanship of
cloth than in times past, whereby they are forced utterly to
forsake their occupations, &c. ; it is enacted that no clothier,
living out of a city, burgh, or market-town, shall keep more than
two looms, nor more than two apprentices,'"' &c. In short,
* See Herbert, vol. i. p. 109. * Ibid. p. 112. ^ Ibid. p. 113, &c.

I 2
cbdv $ IV. THE ciurr-aiLDS.
ihi*Act cndwivouni to prntivt (ho Hiiiall m.istors a^niinst tlio com-

ptMition of the rich ca|italii*tH. Hut mitlur this Act n..i all tlu

<
<f th i'Mr|Mntions (Mtuld restrain tlw jipkm'ss of
^^, .
vvli-li. t*jj|Hfiallv ill oonsiHjiU'iK'c of a scries ol*
(j^ thn-w nianufacture altop'tlicr into the

^,
handtf of the hir^t* cajiitalists. Handicrafts, and the corporations

U>^'
*'
with them, lost continually in inii)ortance, and only
mil iim'lvcs liatetl and desj)isctl in their endeavour to arrest

the natural progreBS of events. 1 neiil not enter into the details
of exoeaseB of the CraH-Ciilds; for as Hie merits of the

thet
following' system consistetl chiclly in these faults of the former,

and as in consequence of this peculiar kind of merits the fol-
lowers of the ni'W on\ were not restrained by modesty from self-
praise, the Cnift-(iilds' faults are universally known '. These
excesses caus^'d the removal of the trades carried on under the
new system, to ]daces free from the influence of corporate control.
Birmin^ham, ^Nfanchester, and other ]laccs of kindred note, owe
to this their career of i)ros})erity, which was soon to leave the
ancient cities and borouo^hs far behind. The competition of the
Great-Industry risinjif in the new cities deprived the old corpora-
tions of their real essence, by making* the attainment of their
chief (bjects illusory, and thus turned them into mere empty
shadows of their pre\4ous f'-randeur. In France the sovereig-n
people finally swept the corporations away in the nig-ht of the
4th August, 17H9. In Germany, several bureaucratic enactments
brought them piecemeal to death, and the last remnants were
destroyed by the North German Industrial Code of 1869. In
P'ng-land they died out gradually before the newly-rising- Great-
Industrv ; and all that remains of the ancient Gilds in the Livery-
comj)anies of to-day, is the common eating and drinking.
Yet in England there grew U}) successors to the old Gilds, in
the Trade-Unions of working-men, which, like the first Gilds of
the old freemen, sprang up as a defence against the great capital-
ists, who, like ever the strong, competed with each other at the
expense of the weak.
' 8ee however the account of the London Framework-knitters' Company in
PwtV.
clxv
V. THE ORIGIN OF TRADE-UNIONS.
Trade-Unions are the successors of the old Gilds. With this

assertion I concluded the foregoing part of this Essay. It is far
from being a new statement. On the contrary, friends and
enemies of these associations have repeatedly, in words and print,
pointed at their connection with the old Gilds, the former to
justify, by this pedigree, their existence, the latter to condemn
them at once by describing them as continuations of institutions
considered for long, and generally, at best as antiquated. Their
enemies, by the dodge of applying to them the epithet of '^ long-
condemned associations for the restriction of trade," generally
dispensed with all further inquiries into the real results of their
working.
Indeed, every reader of the foregoing pages who has ever
made himself familiar with the rules of a Trade-Society, or with
one of the numerous blue-books inquiring into the organization
of Trade-Societies, must grant at once their similarity to the
Craft-Gilds. But notwithstanding this striking likeness, and
the numberless writings on the subject of Trade- Unions, nobody
has yet inquired historically how these Unions originated ^, and
how far they may really be considered as the descendants of the
old Gilds. All opinions on this point which I have yet met
with are vague, and, as I am obliged to say, far from corre-
sponding with the reality. The most plausible theory is ex-
pounded by Mr. Ludlow in one of the best papers ever written
on Trade-Unions 2. According to his idea, the first Trade-
Unions originated in the capitalist-masters withdrawing from
the Craft- Gild, so as " to confine it to the operative class, so that
^ Mr. Thornton's chapter On the Origin

of Trades' Unions (in The Fortnightly
Review, New Series, vol. ii. p. 688, and in his work On Labour and its Claims)
bears the same relation to the real origin of Trade-Unions, as Rousseau's Oontrat
Social to the historical origin of States.
^ Trade- Societies and the Social Science Association, in Macmillans Magazine^
February and March, i86i.

tkpri V. TUK ORKux or tuauk-imons.
thf ffiM would neoeMarilv merjyo in the Tnulo- Society." lie

a. ,'lv wvn,
**
Tin* Tannic- Sm'ioty of our ilnys is but the
loiwititî n'|rt*Mntntivt of llir old (Jild. itj< dwarffd hut luulul
hoir." For tJu historial proof of llio identity brtwiru tho
two, he rvfcrs to Mr. Hill's Account of Trade-Combinallon^ at
Skejfiehi .
CV.: ' the rules and reslrietions ]>revailin^ in tlio

..nlv
old ( and c'ni|>ariiii,^ them with the regulations which
.
our nuKlcm Trade- A.*isoeiat ions, cxistinff only amon^ workmen,

try to enforce, oiu* miirht feel inclined to accept this rtjiinion at
one*. Hut the fact is, that in no one sin^f-le instance did such
a withdr.iwin*? of the masters from the Crai't-Gild, leaving it to
the workmen alone, ever take place. On the contrary, 1 think
it more pnl>al)le that the masters îfencrally remained in tho
coqx)ration, to prevent its bye-laws being enforced a<âinst them,
and to annihilate its influence. Such, at least, was the case at
Shcflield
as I will show further on
or the audience of Mr.
K<K*buck's declamations a;L;ninst the United Slates, the still
existinfj Cutler's Company in Ilallamshire, would have con-
6i>ted of the as returned ]\Ir Mundella for Shcflield
same j)ersons !
Trade-l'nions are no lopsided representatives of the old (jlilds;

they are comjdetc Gilds themselves, as well as the Town-Gilds
and Craft-(iilds. And when calling them the successors of the
old Ciilds, I did not mean
to designate them as continuations of
the Craft-(iilds, nor think that their descent from these now
do 1
certainly anticûated societies could justify their existence. But
if I succeed in proving that wherever we find in a trade the first
formation of such unions among the workmen, and if, wherever
more records of their origin are extant, we sec them
detailed
arising under the same circumstances and for the same objects
as the Frith-Gilds and Craft-Gilds previously arose, that is, under
the break ing-up of an old system, and among the men suffering
from this disorganization, in order that they may maintain in-
de|X'ndence and order, I think that this, together with the
identity of their organization with that of the Gilds, will not
t)uly juitily me in calling the Trade-Unions the successors of the
latter, but will justify as well the existence of the Unions, as I shall
then have proved that certain circumstances of disorganization,
if unchecked by stronger restrictions ^, call forth necessarily in
* TroiU* Societies and St riles. Report of the Committee on Trades' Societies

appointed by the Social Science Association, London, i860, p. 521.
* The want of a similar jôwth of Trade-Societies on the Continent must be
aooounteU for by the military sway prevailing there at the end of the eighteenth
and the l>ednning of the nineteenth century, which suppressed all kinds of
meetings and unioas, and by the absence of a similar disorganization of trade to
that which prevailed at that time in England. ^
;
V. THE ORIGIN OF TRADE-UNIONS. clxvii
alltimes the same organizations into Gilds. Indeed^ in our time

of physical and economical law-making, one might call this
a historicariaw.
Our inquiry makes it necessary that we should first of all
represent to ourselves the regulations of the Statute of Appren-
tices, the 5th Elizabeth, c. 4, which codified the order existing for
centuries among the Craft- Gilds, and applied it to all the trades
of its time. There were indeed combinations and associations
similar to Trade-Societies already before 1562. But, as I have
shown in Part IV., they were but exceptions, occurring chiefly in
the building-trades ^. And the very fact of their occurring in the
building-trades in the Middle Ages, is another proof of the just-
ness of the theory which I am going to put forward in these pages
for these trades resembled entirely our modern manufactures, with
their small number of masters and their masses of workmen,
with sub-contractors, and deductions from wages. And as to the
2nd and 3rd Edw. VI. c. 15, it has been shown above ^ that this
statute refers, not to associations of journeymen like our Trade-
Societies, but to the abuses of craftsmen in general.
According to the 5th Eliz. c. 4, no one could lawfully exercise,
either as master or as journeyman, any art, mystery, or manual
occupation, except he had been brought up therein seven years,
at least, as an apprentice. Every householder dwelling in a city,
town-corporate, or market-town, might take apprentices for seven
years at least. But only those youths might be taken as ap-
prentices whose parents possessed a certain fortune; and none
could be bound but those who were under twenty-one years of
age. Whoever had three apprentices must keep one journeyman ;
and for every other apprentice above three, one other journeyman.
As to journeymen, it was enacted that, in most trades, no
person should retain a servant under one whole year, and no
servant was to depart or be put away but upon a quarter's
warning. The hours of work were fixed by the Act to about
twelve hours in summer, and from the day-dawn till night
in winter. Wages were to be assessed yearly by the justices of
the peace or the town-magistrates, at every general Sessions first
to be holden after Easter. The same authorities were to settle
all disputes between masters and apprentices, and protect the
latter. The ist Jac. I. c. 6 expressly extends this power of the
justices and town-magistrates to fix wages, to the wages of all
labourers and workmen whatever.
It is evident that, as long as the regulations of the Statute of
Apprentices were maintained, the position of the workmen was
* See p. cxliv, above. ^ See pp. clvii, clviii.

eliriii f T. Tiis okiqin or tkai>k-i niuns.
fciirr. T\\e lonff term of non-iiM? nHHurttl thcin \\w nnûlnrity of

cniplovmont, which thov (liiinHl nhovo evrrvtliinj^. Tin* mn;,n8-
tnitcfi \vort\ II' : t tlu intention
'
of the A<'t,lo assess tho
Wimti M) as tf unto (ht* liiri'd
1 prrson, 1)<th in the tiin(> of
mrrity and in the time of j>h'nty, n convenient proportion <f

" aiul the hours of work were not excessive, especinlly aa
111. II. .inner of earryinj^ on imhistry was not tlicnso exhaustive as
it i now-a-<ijiv8. Hesi(hs, the restrictions as to apprentices pre-

ventwl a too ^rcat coni|H'tition from lowerinp;" the skilled workmen
to the h'vel tf common lahourers. Hut as Adam Smith' tells
was limited hy interpretation to
ug, the ojvnition of this .statute
citicft,towns-corporate, and market-towns, and to those trades
onlv which were cstahlislRtl in ICnnflaiid hefore the '^th Kliz.
in order to prove my assertion, that the 'i'rade- Unions orijjî-
natcil with the non-ohservance of these reg-ulations, I will now
smxH^ssively consider, first, some of the trades suhject to the
"/'i Eliz. c. 4 then, some of those which were incorjiorated by
;
and lastly, some which were free from any restrictions,

liter;
whether hy charter or Acts of Parliament.
'Hie w<t<llen manufactures were the old staple trade of Enf^-land.
I Ijave already sj)oken in Part IV. of the <^Teat importance oi' the
Craft-Gilds of the Woollen-weavers and we have seen how the ;
preat number of workmen employed in this trade led them to

combine whenever there was a temporary want of suflicient
organization^. Later on, the trade came under the 5th Eliz.
c. 4, and was regulated besides by the 5th and 6th Edw. VI.
c. 22 as to the use of machinery, and by the above'' cited
2nd and 3rd Philip and ^lary, c. u, as to the number of looms
which one weaver might have.
Accordinf^ to a report of a Committee of the House of Com-
mons in 1757, the assessment of wa<ês by the justices seems to
liave fallen into disuse in this trade already before 1720. In
that year the justices fixed a rate of wages but it was not ;
carried out into practice. This wânt of fixed wâges evidently led
to op]>ressions of the workmen ]>y the masters, and induced the
men to combine. According-ly, in 1725 the 12th Geo. I. c. 34
prohibited the combinations of workmen employed in the woollen
I 'K'tures and an Act of the following* year ordered the
;
- once more to fix the rate of wages in this trade. In

:i< (.rdance with this Act, the workmen petitioned the justices in
(
^75^ to fix such rates of wages. But as the masters made a

counter-jx'tition, the justices refused to act. The immediate
couhcquence, according to the evidence of a master, was, that
Wmllh of Nations, Bk. I. ch. x. I'art ii.
' Hee pp. cxliii, cxliv, above. ^ See p. clxiii.
V. THE OlllGlN OJ*' TRADE- UNIONS. clxix
the Weavers revolted, hindered the journeymen who went on

working, and drove them from their looms. This master estimates
the losses which arose to the country from these riots, at from
j^ 1 5,000 to c^^20,ooo. This strike induced the master manu-
facturers to agree with the workmen, and peace was at once
re-established ^. In the same year the justices were ordered again,
by the 29th Geo. II. c. 33, to settle the rates of labour yearly in
the woollen manufactures.
But these were mere transitory skirmishes, called forth by
individual attempts of the masters to abolish the existing order
of things. As, however, this order was still maintained by
the legislature, these attempts did not at that time lead to the
formation of lasting Trade-Societies. This did not come
about till the transition of the woollen manufactures from
the domestic to the factory system, and till the attempt of the
master manufacturers to get the 5th Eliz. c. 4 repealed. A
Parliamentary Report ^ exists which gives almost a photograph
of the state of the woollen manufactures at the time of these
changes. As it is of importance for the understanding of the
origin of Trade- Unions in all trades to have a clear idea of this
transition, I will give a detailed account of these changes in the
woollen manufactures, and will then deal less fully with the
other trades.
The woollen manufactures were carried on in the last century
by small masters in their own homes. They dwelt in villages
and scattered houses, and often cultivated besides a little land,
from three to twelve or fifteen acres. Often too they had a
horse to carry their cloth to market, or, in later times, to the
public mill. The number of such small masters in the environs
of Leeds was estimated in 1806 as 3500.
Every master had served a seven years' apprenticeship. Though
the 5th Eliz. c. 4 was not known, either to masters or men, its
regulations were maintained, because they corresponded to custom.
Thus even in 1806 there were in Harmley, a cloth workers'
village of from 4000 to 5000 inhabitants, ninety-seven appren-
tices bound for seven years, and only four bound for a shorter
period.
Each master employed on the average ten journeymen and
apprentices. As a rule there was one apprentice to two or three
^ Journals of the Home of Commons, vol. xxvii. pp. 730-73,^.

^ Report and Minutes of Evidence on the State of the Woollen Manufacture of
England, July 4th, 1806. Every single statement made in the following account
in the text can be proved from this report, which I recommend every reader
interested in the subject to peruse, as it is one of the most interesting reports I
know of
clxx i V. TUB oaiuiN or tilvue-imoxs.
joanwrini. Bidfli the master viis n^rtjlarly a>i8i8ttHl liy his

wiff mml chiltlivn. ChiKlnm workin^^ with tluir ratliors did not
m'"d to U' Ixiuml ly iiultnturc. As a rulr, all thrst' iMrsniiH
worktxl in t!u lua^trrV luust\ wIuto tht- wool wim workttl throu<rli
all the various till it bwanie undn'ssiil cloth, and, if
ntn^^tJ,
mm Mai i. - dvtxl. Somctimos also the journrvmcn did tho

work in'their own hius<'s. and won' assisted in it hy tlu'ir wives.
The master himM-lf the apjirentiee his trade.
tau^'-ht If tho
Utter luid tho prosjH'ct of ever becomin<f a master himself, ho
^-jj also taiiLrht how to buy raw materials. In this ease the
master reivivitl a preiuiuin on taking'- the aj)j)rentiee. Alter the
seven voars' apprenticeship the a})prentice could settle at once as
a master; but as a rule he worked first for one or two years as a
jounievman. The fact that a youne: ^^y^n of ôod repute could
always pet credit for as much wool as would enable him to settle
ms a small master, is especially urêd in recommendation of this
system. llu* ji^reat stability and repfularity of employment
appears, however, as its advantage.
cliief Slackness of trade
did not at once stop work in the workshops. The master went
on workinfT. althou<,''h he could not find an immediate sale for his
prrnluets. and took his wares to the market. The fact is, that he
tH-ldom worked to order. Sale in the cloth-halls was the rule.
If, then, a sudden stap^nation occurred in the foreig-n market, or
a large firm became bankrupt, the losses distributed themselves

over a larger surface. They fell on the whole body of manu-
facturers; and though each individual small master sullered by
it, there were but few, if any, whom it ruined. In such extreme
cskSi^ the small masters also often took work from other small
masters, to maintain their families.
Like the trade of the masters, the employment of the journey-
men was exceedingly regular. As a rule, journeymen were hired
for a year, and had board and washing at their masters\ They
received besides, annual wages of from <^^8 to c^^'io. There were
journeymen who had continually for twenty years and more
worked with the same masters. If trade became slack, or there
was a stop in the sale, journeymen were not suddenly discharged
in masses. Such discharges scarcely ever happened as a rule, ;
the masters let the men work on in the hope of better times.
They considered it a duty to keep, in time of distress, the work-
men to whose exertions in good times they owed their wealth.
If a master was in want of work for his journeyman, he used to
see about for a job for him at another master's if one could not be
;
got, he was kept on by his old master. " The men and masters,"
says a master, " were in general so joined together in sentiment,
and, ii* I may be permitted to use the term, love to each other, that

V. THE OBIGIN OF TRADE-UNIONS. clxxi
they did not wish to be separated if they could help it." If, on
the other hand, a master ever had more orders than he could
satisfy, he asked another master to lend him a journeyman ^.
The centres of this organization of trade were the cloth-halls,
to which the masters brought their products to market. In
Leeds there were two halls, one for white cloth and one for
coloured. Similar halls were at Bradford, Halifax, and H udders-
field. There the cloth was examined and measured by the
authorities. The two chief cloth-halls at Leeds were under the
direction of a certain number of Trustees, who were elected for
three years by all the clothworkers of the manufacturing villages,
as the most trustworthy and most intelligent of their body.
They watched over the general trade interests, and especially
the observance of all rules and bye-laws which were framed from
time to time for the government of the halls. No cloth worker
was allowed to bring his wares for sale in these halls, unless he
had served a seven years' apprenticeship.
The introduction of machinery brought a change into this"^
state of things. Mills were now erected on rivers and streams,
to make use of the fall of the water. Various processes, which
had before been chiefly performed by hand under the masters'
own roof, were now executed in public mills by machinery. In
the neighbourhood of every manufacturing village were several
such mills to be found. The manufacturer brought his wares to
them with little trouble and loss of time, and fetched them back
after they had gone through the necessary process. The cost
was but small, so that he was enabled to get by these mills
the advantage of very expensive machines. Sometimes too the
master himself performed the work by machinery in the mill, in
order that it might be well done.
^ See the Report above referred to, p. 8. See, for the passage cited in the text,
p. 43. As the statements in the text might be thought by some exaggerated, I
will quote some questions and answers from the Report. " During the time you
were employed by a domestic manufacturer, had you regular work constantly?"
" Yes, I had I never had reason to complain." " Were you constantly employed
;
without reference to masters, or were you sometimes employed and sometimes dis-
charged ?" ^'
I never was discharged I have been with masters where they were
;
short, and they used to see about for a job for me, and if one could not be got, I
was continued." "If the domestic master was short he wished you to pick up
another job, if you could get it if not, he would continue to give you employ-
;
ment?" "Yes." (p. 117.) "As to the habit of clothiers keeping the persons
they employed, you have stated that to be your habit ?"
" Yes." " Would it
have been possible for you, without evident disadvantage to yourself, to have kept
on persons, paying them wages, without deriving any benefit from their work?"
"We consider it as a duty, and there is that good understanding between the em-
ployers and the employed, that we should think it a very irksome task to turn off
a workman whom we consider as a good and an honest workman." (p. 131.)
And again on p. 40 "I scarcely ever knew a man discharged from his master
:
because his master could not give him employment.*'

dxxii V. TIIK ORKUN or TRADE- IN IOX8.
In thi doiiintlic hvhU'Iii of imluHtrv tin* work eh icily

\\:i^
I^Tfonntxl ly iHTM^ni* who won iU proprictora. It not ho in

\\:\h
tho ii\iit'm *ol tho ' Hrli in:ist<T rlotliiiTs" which arose in the
\Vt.*
*
}
-'
uul. Tlu'V iM.u^^lit tlu" fon'i^n wool directly from
tho . ..ml tho native in the Heire, or from the wool-

tapler.' 'lliey then ffave it to workmen to work up, partly in
tbetr own hou*os. pjirtly in the masters'. For every sinj^-le pro-
oew through which the wool had to ô until its eoinpletiou, the
nuurteni pavo the ware to another elai^s of workers, none of whom
Went out of his By this the workers obtained o-reat
own line.
kill in the |H'rf<rmanee of their oj)erations. As in this system,
o alio in the hvstem of the master manufacturers which came
into existenee with the origfin of machinery, the workers were
not the owners of the work they worked (m. The merchants, for
the most part possessors of lar^-e capitals, now hccame manu-
facturers themselves, and erected mills. In one or several
buildinjfs they kept more or less operatives workin<--uj) by
machinery, under the employers' or their overseers' bU})erinten-
denci', the materials ljelon^'-ii)<^ to them.
These chanf^ in the manner of carrying on industry led to
others in the position of the i<urneymen. The first change was,
that the apirentices were often no longvr hound by indenture,
though they mostly still served their seven years without it. In the
mills, however, it also soon became usual to cni])loy workers who
had servi-d no api)renticeship, besides ^rcat numbers of women
and children the latter at an earlier a<ê than would have been
;
possible without machinery, and according to the 5th Eliz. c. 4.

Tfieir lab<ur was of course much cheaper than that of skilled
workmen. Ilie number of employers wlio had served no appren-
ticeship increase<l more and more. Whereas formerly the cloth of
no master who had not served a seven years' apprenticeship was
admitted to the cloth-h.alls, the trustees fiamed in 1796 a new
regulation, according to which those manufacturers also were to
be admitted who had carried on the trade of a clothworker for
only five years. Soon after, all persons were admitti'd to the
cloth-halls without any qualification.
It seems that at the beginning neither masters nor journeymen
resisted at once the violation of the old customs and laws. But
the employment of great numbers of children, apprentices, and
journeymen who had served no apprenticeship, soon took the
bread out of the mouths of the Weavers, and this led in 1796 to
the formation of a Trade-Society, the so-called Institution, among
the Clothworkers at Halifax, to prevent people from carrying
on the tnule in violation of custom and law. They did not know
that, according to the 5th Eliz. c. 4, they might produce in court

V. THE OHIGIN OF TRADE-UNIONS. clxxiii
against the transgressors of this law, for they were entirely

ignorant that this statute existed at all ; they only knew the
old restrictions as the customary order. Another object of the
Institution wâs the assistance of sick members. When, by the
39th Geo. III. c. 81, in 1799, all such associations were sup-
pressed, and the accumulation of funds by them especially pro-
hibited, the Institution was nevertheless carried on. The only
change was, that instead of keeping accumulated funds, the
necessary money was levied by subscriptions in each case of want.
The Institution included the workmen of several places.
As the new system spread, the greater irregularity of employ-
ment was felt more and more by the workmen. Eveiy small fluc-
tuation of trade affected the capital of a single large manufacturer
much more than it had formerly affected a multitude of small
ones, who had often even not noticed it. Every stop in the
sale led at once to a discharge of workmen. Whereas formerly
in bad times the small masters had worked on stock, the master-
manufacturers avoided the accumulation of stock, and worked
only to order. Whilst formerly wages had been settled for the
year, now every fluctuation led to reductions of wages. Besides,
" the opulent clothiers made it a rule to have one-third more
men than they could employ, and then these had to stand still
part of their time ^." At the beginning, on the erection of a
mill, the master-manufacturers enticed the workmen by high
wages from the service of the domestic clothiers but then every
;
fluctuation brought reductions of wages and discharges. When-

ever such discharged workmen found work again even for less
wages at a domestic clothier's, on account of the greater re-
gularity of employment they never wished afterwards to change
their place, even for higher wages at the factories 2.
The position of the domestic master-clothiers wâs also greatly
deterioratedby the spread of the factories. With the growth of
these, home-work decreased. Many who had been masters sank
to be workmen. Many who would formerly have become masters,
now remained workmen for ever. They began to fear that the
factory system would entirely supplant the domestic, and they
therefore supported the workmen in their resistance.
As, in consequence of the 39th and 40th Geo. III. c. 106
(1800), all combinations were severely prohibited, the workmen
^ Report, p. III.
^ A journeyman who had formerly worked in a factory, being asked why he
works for a small master though at less wages, says " My reason is, when I
:
have been out of employ, I have gone from house to house to work and it seldom
;
happens that the smaller clothiers change their men, except in the case of death
and sickness. I never could lay hold of such an opportunity before." Report,
p. 115.
dXXlT } V. TIIK ORKUN OF TRADE-UNIONS.
cmnbincd onder the doftk of FViomllv-Sooiolioe. Tli." Hr|virt

frt>m the rommitUo on \V<M>llon-(1ot)iiprH' IVtitions of March
14th. iSc^ rnt.Tinj tin* Trailo-Socicty wliich liad
rules <>f n
Invn '- nun Frifmlly-S(KMi'ty on Si'il. 24th, 1802, ami also
""
ana.. nunt fn>in a no>\>|mix>r, "(ailing: a meeting: of one
weaver out of the |iarish hr ri']ri*scnts, in order to (h't'rmiru' <m
pnMcutinf>- those who unlawfully rxcrcise or follow the trade of
a wmTcr." At the same time we see the Trade-JSoeiety alnady
anxious for the morals of the workmen as before, the old (filds
for thev offer a n-ward to him who woidd detect any workman
jMi,K.//ljiiiF materials. The ehief ohject of this and similar Trade-
^ ~ was the lepal prosecution of transgressors of the 5th
Ell/.. V. 4, of the "^th and 6th Edw. VI. c. 22, and the 2nd and
3nl Philip and Mary, c. il.
After several emj)lovers liad been condemned, first the master-
manufacturers of Somersetshire, Wiltshire, and Gloucestershire^,
and afterwartls those of Yorkshire"'^, petitioned Parliament for the
repeal of the last-named statutes. They especial!}' urged the
fact, that there were no master-manufacturers, and very few
journeymen, who had sers'wl a seven years' a])i)renticeship, and
that massi'S of workmen would become Ijreadless if the 5th Kliz.
c. 4 was carried out. Others'* desired the repeal of the 5th and
6th Ixlw. VI. c. 22 only, but wished the maintenance of the two
other statutes for the proti'ction of the domestic trade, the 27th,
2Hth, and 32nd sections of the Statute of Apprentices excepted.
On these jx'titions the said laws were in 1803 (43rd Geo. III. c.
136) suspended for one year for the woollen manufactures, and
all prosecutions for violating them were stopped. This suspension
was renewed in 1804, 1805, 1806, and so forth, until the final
rei)eal of the laws (49th Geo. III. c. 109) in 1809.
Alter these pi'titions had been presented to Parliament, the
trustit's of the cloth-halls at Leeds assembled the cloth workers
of the \'illages which they represented, to agree on counter
measures. They signed counter petitions, and appointed agents
to support them before Parliament. The necessary moneys were
raised l)y subscriptions. Besides, the trustees prosecuted em-
ployers who violated the laws in question. They acted for both
masters and men.
But it soon appeared to their constituents, that the trustees
did not proteed with sufficient zeal. " When we saw,^^ says a
"
journeyman, that they did not advance, and as we knew the
evils arising therefrom, and that we thereby should become
* Prj^,rt from
(he Committee on Wool! en- Clot hi era'' J'cfition, March 14th, 1803.
Rqiftrt on Yorlchire Woollen J'ttiti/jm, May 9th, 1803.
" Rejivri on Woolien-Manufacturers' Petition, April 24th, 1804.
V. THE OUIGIN OF TTIADE-UNIONS. clxxv
breadless/' the workmen took the affair into their own hands,
petitioned Parliament by themselves, and appointed their own
ao'ents. They again formed an Institution, about the year 1803.
All journeymen belonged to it, and all working in any workshop
contributed together to its funds. Even so early as this, contribu-
tions are to be found from members of other trades, as from Brick-
layerSj Carpenters, &c. Man}^ home- working master Clothiers
also, and very wealthy ones among them, joined the Insti-ution to
push forward affairs before Parliament, as the trustees seemed
to give up the concern. It appears from evidence before the
Committee^ that the Institution spent from ^10,000 to c^î 2,000
on petitions to Parliament.
According to the " Rules and Orders of the Clothiers^ Com-
munity, 1803,^'' the chief object of the Institution was to carry
out the legal regulations as to apprentices, in their original
purity. But it is declared at the same time that those who
till now had carried on the trade contrary to these regulations
should continue without molestation. The activity of the society

was only to extend to the future. The Rules complain besides,
that the abuses which had arisen, especially the large number
of hands who had been driven into the trade, had destroyed
the mutual dependence between masters and men, and had pro-
duced pride and overbearing on the part of the former. Hence-
forth all apprentices were to be considered unlawful who had
not been bound by indenture for seven years. They were to be
bound, moreover, at so early an age, that their term would have
expired before their majority, as no indenture was binding after
their twenty-first year. The only exception was made in the case
of a son of a lawful workman who served his father seven years.
I must here mention, that vdth the factory system a new kind
of apprentices sprung up, namely, apprentices bound to journey-
men ; hitherto all had been bound to the master. Nobody, as
the Rules further ordain, was to learn two trades at once. In
other Rules^ workmen of other trades also stated that this regu-
lation of the 37th Edw. III. c. 5 ^ was to be maintained.
To the prosecution of this chief object, the Institution added
the assistance of the sick, and of the widows of deceased members,
under entirely similar conditions as are still now usual in Trade-
Unions. The necessary moneys were collected, in every single
case, in the name of the sick, or of the widow of the deceased.
In Leeds, the contribution of each member was id. b, week, and
at Halifax yl. Twice a year a committee of thirteen was elected
by the members at a general meeting, to manage the affairs of
* See pp. cxxiii, cxxiv, above.

clxxri ( . TIIK OIUOIX or TRADK-rNIONS.
tho Infititution. Si'von were to form a quorum. Pines were

iui|t<kM[Hl for not accvutin^r oHuv \vlun rhoson. On nsi'^rnintF^
thi* txnimitt*H* had to n'n<lT account (f their (htin^^s. Tlicro
wrrv ali* utowanls, wlio had to provide for tlic colhction of
coDtnbuti>nH. and the as.'.istance of the sick. Ihsi(hs, we lind
hen aliio what we lound in the Statutes of all (iilds. fr(ni the
CiiUU of Ahlnitsliury, Kxeter, and ('anil>rid;;e, namely, tliat all
olfentx*j at meetinpj, hy usin^ had lanûa,''e, ill-hehaviour, and
the hke. hhouhl he junislieil. The counnittee had the ri^ht to
alter the ruht^ aeconlin;; to need, li' any cause of comj)laint
araHi\ ei'luT iuj to apprentices or as to some other rule, the men

of the workshop were first to inquire into the case, to try and
the diliiculty.
.' Ihit wherever they did not succeed, the
;..e waii to he brought lulore the cummittee, whose de-
r M- 11 ua> to be finah
Tlu' masters. lu)wever, did not continue lon^^ in the Institution.
The fact wai*. that it also assisted men on strike. At one ])lace
the Workmen of a master-manufacturer quarrelled with him and
struck work. The members of the Institution wished to assist
them up<n this the masters left the society.
;
Wlien the master-manufacturers heard that the object of the

Institution was to petition Parliament for the maintenance of
the jth Eliz. c. 4, they required their workmen to leave it. On
refu.-inif this they were all discharged. The master-manufac-
turers even entered into combinations for sui)i)ressing' the Insti-
tution, which, stran^î-e to say, notwithstandin<^the 39th and 40th
Geo. III. c. 106, was considereil allowable* by the Parliamentary
Committee, thouo^h it was hostile to the Institution. Ou the
other hand, the workmen at some places forced the owners of
mills who worked for others on hire, to enter their society, as
othenvi.s<' they declared they would not work for them. They
also hindered them from working* for such masters as were hostile
to the Institution. Once, when a ma-ster-manufacturer employed
unlawful wfrkers, his journeymen struck work. The rest of the
master-manufacturers then promised their colleague assistance,
and offered to do his work for him in the meantime. But when
they attemjjted to do this, all their journeymen threatened to
leave their factories at once. Finally, the masters signed a
contract, according to which they obliged themselves to engage
no more workmen for the future, contrary to the 5th Eliz.
c. 4.
When, year after year, notwithstanding all petitions of the
workmen, the Acts regulating the woollen manufacture were
suspended, a factory was burnt down and in September, 1 805,
;
the Lrmdon Fire Insurance Companies received letters of caution

V. THE ORIGIN OF TRADE-UNIONS. clxxvii
from workmen, wherein they declared that, as Parliament re-

fused to protect their right, they would do it themselves.
Though the Report of the Committee expressly states, that not
the Institution, but individuals, must be charged with these
nefarious deeds, yet they prove the exasperation prevailing
among the workmen. But notwithstanding this exasperation,
and the attachment of the journeymen to their Trade- Society,
which even then was so great, that as a master said in evidence,
if it were prohibited they would rather follow it than the laws
of the land, yet this Trade- Society ceased at once, when in
Christmas, 1805, the trustees of the cloth-halls again took up
the petitions. The workmen at once delivered them all their
funds. It is evident from this, that the object of the Institution
was nothing but the maintenance of the existing legal and cus-
tomary regulations of trade. As soon as the State ceased to
maintain order, it stepped into its place ; and as soon as there
was a prospect of a more legitimate authority putting the law
into practice, the Institution ceased at once.
The Committee of the House of Commons before which this
evidence was taken was, however, not favourable to the cause of
the workmen. As ever on such occasions, the followers of the
movement were spoken of as " poor deluded wretches," and it
was made an especial fault of the Institution, that " its inevitable
though gradual result must be the progressive rise of wages
among all classes of workmen^." The Committee met the
petitions for the maintenance of the existing laws with the very
na'ive consolation, that the advantages of the domestic system
were so great, that it could never be supplanted by the factory
system ; and by referring to the " true principles of commerce
which, were now so generally understood and acknowledged."
But as the Committee recommended in the same breath the
maintenance of the laws prohibiting the export of raw materials
and machinery, the emigration of skilled workmen to foreign
countries, and combinations of journeymen, it seems that they
accepted Adam Smith's principles with conditions only. Their
reason for advising the repeal of the 5th Eliz. c. 4 appears
rather to have been the one uttered by one of the members of
the Committee, namely, that its " maintenance would put the
determination of the price of labour in the power of those who
had the means of working^." Indeed, Adam Smith was right
in saying, " Whenever the legislature attempts to regulate the
differences between masters and workmen, its counsellors are
"
always the masters !
. ' Report of 1806, p. 17. ^ Minutes of 1806, p. 178.
m
d&Xviu V. TUB ORIOIN OF TIL\DK-l NION8.
AH.T the iv\M^\ of tho m'u\ 8latutH (p. clxviii) tlio com-
hinali >nrt amonjf tho workiinn in tlw woolK-ii nianufaotnrcfl
1 _ tho Tnulo-Society whicli tlu' (MotliworktTs lM%nin

,,,
in iHoa umlor the cover of a Frii'iuUy-Society, the Shii)wri^rlits

of Liveqx*<l had f>nmMl tluiiisrlvrs in the last crntury into a
Tnwlo-StK'ietv, whifh was nominally a mcrv btiulit-clul) '. llore
tKi the ahtise of employing cliirfly a]>|)rentice8 eausiHl the origin
of this union. Hut much earlier than the Trach'-Soeieties in
Ix.th thtse tnuh'S were those of the Hatters. Hesides bein^
under the 5th Kliz. e. 4, the hat-trade was under two Acts of
the 8th KHz. and the ist Jae. I., whieli only confirmed the
rerdations of the Statute of Apprentiets ex])ressly for that trade.
In this trade jtrevailed, early in the ei^'-hteenlh century, the
pvstem of carryinf^ on industry by means of sub-contractors
(a/itts sweaters), who were called Little Masters. They received
the materials from the master-manufacturers, and g-ot them
Worked uj) by ai)iirentices only. This led to combinations of
the journeymen. From 1772 an extremely vi<'orous Trade-
Society exist<Kl amon<- them for niaintainin<i;' the existinfif order
and providinf^ ibr the interests of the o})crativcs. As soon as
the employers attempted to g-ive work to sub-contractors, they
forced them by strikes to take it baek. The society was called
the Onu/re^s, was regulated by statutes, and framed bye-laws.
All \v^)rkmen of the trade belonged to it. Every one had to
pay a weekly contribution of 2ri. As the workmen thus pre-
venti-il the masters from employing an excessive number of appren-
tices, the masters petitioned Parliament in 1777 for the repeal
of the legal restrictions as to apprentices, and for prohibitions
of combinations of journeymen ^. Both were granted by the
17th Geo. III. c. 55, which did not however repeal all restric-
tions, for every master-liatter was to employ one journeyman for
every a])prentice he might take.
In the Tailors' trade also combinations must have existed early
in the eighteenth century, as the 7th Geo. I. c. 13 forbade them.
I could, however, find nothing as to the cause of these combina-
tions in the Journals of the House of Commons. But it is
probable that here also, as in other trades, as for instance in the
woollen manufactures just mentioned, the discontinuance of the
legul regulation of wages by the justices of the peace occasioned
these combinations. This seems the more probable, as the preamble
of the 8th Geo. III. c. 17 speaks of those who by " many subtle
devices " tried to evade the regulations of wages by the justices
* Social Science Asocintion'f> Jieport on Trade Societies, p. 480.
' Journals 0/ the House of Commons, vol. xxvii. pp. 730-733.
;
V. THE ORIGIN OF TRADE-UNIONS. clxxix
according to the 7th Geo. I. c. 13. By these words masters

are evidently meant, as the devices of the workmen would have
simply been strikes. In any case, however, the combinations
of the Tailors seem to have been but transitory, and not to
have led to the formation of lasting Trade- Unions. At least,
during the entire eighteenth century we hear no more of combina-
tions of journeymen, and not even the 8th Geo. III. c. 17 makes
mention of them.
I now turn to the consideration of some trades incorporated
by charter.
The trade of Framework-knitting was not yet established in
the 5th Eliz.i But in the year 1663 Charles II. incorporated
" several persons, by the name of Master, Warden, Assistants,
and Society, of the Art and Mystery of Framework-knitters, of
the Cities of London and Westminster, the Kingdom of England
and Dominion of Wales, for ever, with power to exercise their
jurisdiction throughout England and Wales and from time to ;
time to make Bye-laws for the regulation of the said business

of Framework-knitting, and to punish persons who should offend
against such Bye-laws." By ^^ of the Charter^ the Master was
directed to " enforce the statute of the 5th Eliz. c. 4, or any
other statute as respects apprentices and the occupations of the
trade."
By this ordinance of the Charter, therefore, the 5th Eliz. c. 4
had authority also over this trade. But evidently the Charter
was not of the same effect as the Statute of Apprentices would
have been, if it had had direct authority over the trade. The
execution of the ordinances of the Charter depended on the
Master and Wardens of the Company, that is, on the good-will of
employers. As early as the beginning of the eighteenth century
the masters employed apprentices in unlimited numbers, often in
the proportion of ten and more apprentices to one journeyman
and there is even a man mentioned who had for thirty years
employed constantly twenty-five apprentices to one journeyman.
Indeed, this abuse of the want of fixed legal restrictions cannot
surprise us, for besides the less wages to be paid to an apprentice,
the parishes often paid bounties to the amount of ^^5 for every
boy taken from the workhouse ^.
By this system the adult workers immediately after the
expiration of their apprenticeship fell into deep misery. They
* Felkin's History of the Machine-wrought Hosiery and Lace Manufactures,

London, 1867, pp. 71, 75.
2 See the Charter in the Report from the Committee on Framework -knitters'
Pefitions, 1812, p. 49,
^ Felkin, p. 75.
m 2
dxXX 5 . TIIB OBIOIN OF TRADK-rNIONS.
tlieffon.% in 1710, |>otitiontHl tin* rmniKmy to carry out tlio
iffTulstioiis of thi" rhartrr with n-y^ml to ai)i)nnti(vs. lint tlie
rm|vinv n'fiifi'<i. Tin?* was tollowcnl by a riot of the workiiirn;

.tnn'ttl aUiut 100 frann's, thnw them out of* the windows,
.UHhtxi tho op|x-in^ niast'rs and tlicir a])]rrnt ices. The
u\\ niastore jiTivo in, and ])roniist'<l to the
(! (serve jnr
i'utun* tho onlinanres of the TliarttT with re,'iird to aitprenticcs.

p... .1. .
jsvstoni of parisli apprentices was continued, the trad(,
.nilin^ this promise, was so overstocked with hiwiul
joumevmen without cmphnment, tliat the most serious seditions
V Tho extont to which they went niny ])e seen from tlio
I. .it in 1727 an Act was passed, proliil)itin<j;" un(h'r penalty
of iK-ath the breakings of frames, which was the men's chief way
of n'renyinu" themselves on their masters'. I'he overstock inf*- of
the tnide with hrcadless parish apprentices who had served their
torm, brought them, in the years 1740 to 1750, near to starva-
tion, according" to Mr. Felkin's- account. "There wa^ often
oidv one coat in a shop, which was worn ])v each in turn '\ as he
w nt out from its precincts; so that one AIoss, a Nortliampton-
shire master, refused to employ a man possessed of a good coat,
declaring the best workmen were only to be found in ragged
ones."
On May 22, 1745, the Company ordained new bye-laws ^, wdiich
were confirmed by the Lord Chancellor in accordance with the
19th Henry VII. c. 7. They enacted once more the old restric-
tions as to apprentices. Besides, these bye-law^s contain the
first direct news of the practice which was to bring such infinite
misery on the workmen, namely, of owners of frames who, though
they did not themselves exercise the trade, let frames out on
hire '. This is the first intimation of mere capitalist-employers.
IJut when the Company did nothing further but attempt to
enforce its authority in favour of the London employers
throughout the whole country, this led to the entire loss of its
influence.
When, beginning and in the middle of the eighteenth
at the
century, the trade retired more and more from London to
Nottingham, the Company sent its deputies there to maintain
its privileges. But the Nottingham manufacturers did not
a<^knowiedge them. They w^re already employers of the modern
.^tyle ; they had (for the most part) not served a seven years'
apprenticeship themselves, and employed unlawful workers, such
* Felkin, pp. 73, 227-229. 2 jjîj^ p^ 82.

' Among the London tailors such a coat is called a " reliever."
* JoumaU of the Hoxiee of Commons, vol. xxvi. pp. 790-794.
* See Felkin, p. 79.
V. THE ORIGIN OF TRADE-UNIONS. clxxxi
as journeymen who had not served their legal term or did not
belong to the Company, as well as women and children ; of two
employers, we are even told that the one worked with twenty-
three, the other with forty-nine, apprentices, without employing
any journeymen. The Company relying on its Ordinances con-
firmed by the Lord Chancellor, threatened to enforce these
masters' submission at law. But then its former conduct towards
the petitions of the journeymen in 1710, and its own degenera-
tion, were revenged upon itself. The retort on it was that its
members did not themselves maintain the seven years' apprentice-
ship as a qualification of trade,
that they had themselves given

up the requisite of a masterpiece, and that instead of preventing
frauds they rather committed them themselves. The fact is,
that the London manufacturers were quite as much modern
employers as those of Nottingham, and their whole proceeding
appears nothing but a trick arising from envy. The workmen,
however, hailed with joy the proceedings of the Company. The
Company also addressed the men especially, asked them to join
them, made easier for them the conditions of entrance, promised
the re-establishment of the old order, and designated themselves
as the true friends of the workmen, whilst they called their other
employers their enemies ^. The master-manufacturers, threatened
with lawsuits by the Company, petitioned Parliament and accused
the Company of ruining the trade by monopolies. As Parliament
was of the same opinion, the Company became unable to enforce
its bye-laws legally, and therefore ceased henceforth to exercise
a real influence over the trade 2.
Notwithstanding the enormous rise of framework-knitting in
the period from 1750 to 1780, the workmen as Mr. Felkin
says but slowly, partially, and indirectly profited by it. The
trade sufiered under the constant influx of boys, girls, and non-
freed workmen. Whilst these abuses had hitherto produced only
violent transitory revolts, they then
when all hope in the
efficiency of the Company had been finally destroyed
led to the
formation of a Trade- Union of the workmen. Thus arose the
Stocking-makers' Association for Mutual Protection in the Mid-
land Counties of England, for the purpose of making regulations
as to apprentices, inasmuch as a legal order was wanting. This
body soon became so powerful in Nottingham that it influenced
the elections for Parliament, and even made them. Mr. Abel
Smith was thus returned without opposition in 1778, when the
members of this Association marched in procession before his
chair, accompanied by two assistants, the clerk, and other
* Journals^ (be, vol. xxvi. p. 794. ' Felkin, pp. 79, 80.
tbuxii } V. TIIK OHUilN OF TRADE UNION'S.
dc^tif* of tho Fmniework-knittore Company.

In(l<>n '
This
fonncrlv authoritativr bmly ha<l.*' nn Mr. Krlkin siiy, " another
cv -itv thus îvrn thi'in. hy wiw and tinirly inrasurcs, to
h.i.. .. ;.iic'nil thfinM'lvt^ useful l>ftwten tlu' mast <r-ho8itr8 and
thfir iiiMnt<'nt4xl workmen. The novelty of lii^h rrnts exacttnl
for fnimtji, with other chary'es. Iia<l not yet settled into a le^ndi/.e<l
custom ; the K'st of tlu'journrymcn and wisest of the masti-rs
ini^lit have IxM'n (oneiliatHl, and the (^hartvr revived hut the ;
time was wastinl in squahhles about fees, and the Company lost
almost its last hold on the trade'."
A the comj'h'te ahandoiuncnt of the workmen to the discre-
tion of tho employers plun^L^fed them, notwithstandino;" the
flonrishinLT state of the trade, into the p^reatest misery, they
pt'titione*! tin* House of (\immons in 177H for a leâl regulation
of the rate of wajês. In eonse<juence of low waês, the payment
of frame-rents, and other charges of the employers, they were,
atH'ordini^ to their statement. unal)le to maintain themselves and
their families. As tlie mast'r-hosiers made a count <'r-j)et it ion, a
Committee was appointed to inquire into the comi)laints of the
workmen. The witnesses examined confirmed the justice of the
journeymen's statements in an alarming" manner, llie earning-s
of a workman were affirmed to be about 6*. a week. Besides,
there were the most infamous exactions on the part of the
emjiloyers. According" to the evidence of an examined mastcM-,
many of them hired workmen without g"iving them sufficient
employment, for the mere purpose of obtaining" frame-rents '.
But notwithstanding the Report of the Committee, the influence
of the masters prevailed, and the motion for enacting" a law
according to the petition remained in the minority. On this
the employers in the silk branch of the trade attempted at once
to reduce the prices paid for the work 25 per cent., and a strike
was the immediate result '.
On the 2nd of February, 1779, the Framework-knitters of

Nottingham and the environs agnin petitioned the House for the
regulation of the trade of framework-knitting". This petition
was followed by similar ones from Tewkesbury, Godalming",
Derby, London, Westminster, and Northampton. Witnesses
from all these jdaces were examined by a Committee'*. The
shameless exactions on the workmen by their masters unveiled
by this Committee find their equal only in the articles of the
See for these Btatements Felkin, pp. 115-I17.

' Journals of the Hovê of Commons, vol. xxxvi. pp. 635, 728, 740-74'2.
Felkin, 1 15-1 17.
f>p.
Joxumah of the Jloute of Commons, vol. xxxvii. pp. 117, 295, 301, 370-372.
V. THE OIUGIN OF TRADE-UNIONS. clxxxiii
Morning Chronicle'^ in 1849, on the position of the London

Tailors, and by Sweaters. According to the
their oppressions
evidence of all witnesses examined, wages had constantly fallen
during the then last twenty years, whilst the prices of food had
risen. The employers had always endeavoured to reduce wages.

After various deductions which the workmen had to submit
to
for frame-rent, winding, seaming, needles, candles, &c., their
wages are stated as 6s. or 8*. weekly. Numbers of workmen
could not even earn as much. The most disgraceful abuse was
carried on as to frame-rents. The value of a frame is stated as
^6 or 3^%. But for its use the workmen had to pay rents from
i^. 3^. to 2s. a week, that is, up to 86 per cent. The workmen
were obliged to hire these frames, if they wished to get work ;
if a workman had himself a frame, he was refused work. This

rent the workmen had to pay whether they worked or not, even
during their sickness, for Sundays and holidays, or when they
had no materials, which the employers had to furnish. Many
employers in Nottingham stinted their workmen from making
more than a certain number of stockings a week, though they
could have made more,
evidently that they might thus be
able to deduct the more frame-rent from a certain sum of wages.
The workmen had to buy from the employers the materials for
making the stockings. The latter then rebought the stockings
from the workmen. But they also often left them on the work-
men's hands. The workmen, says the Report, were in a state of
starvation. They had to submit to any conditions of their
employers. A number of workmen who had signed the last
year's petition to Parliament had had to leave off work. The
witnesses brought forward the fact that the masters and men at
Dublin had agreed on a price list, and that the Lord Mayor had
confirmed it that both parties were there now content, and
;
that the workmen had bettered themselves in consequence of the

list, and earned more wages. They desired a Bill fixing prices,
which would, as they thought, produce a very wholesome effect.
On this Report the House resolved that a Bill should be intro-
duced for regulating the trade of framework-knitting, and for
preventing the frauds and abuses therein. Mr. Meadows, one of
the members for Nottinghamshire, brought in the Bill on May
the loth, 1779. It was strenuously supported by Mr. Robert
Smith (afterwards Lord Carrington), who said " the measure was
moistened and saturated by the tears of the poor distressed
families of framework-knitters ^" Leave was given to bring in
'
The numbers of December 14th and i8th. See also Cheap Clothes and Nasty
by .Parson Lot, 1850. ^ Felkiu. pp. 115-117.
rhxiiv V. TUB OBIUIX or TR-\DE-rNI0N8.
tho Bill, dinm^ntiont voice.

with only one Upon tliis llu
rmplfVrrs countor-iM'titionjMl. Tlirv Kaid tliat if tlic Mill hIk.uKI
" would Im- most
^ law, thin. " from varioUH n-aHoiiH (v/V/),
Hi to thr |Htitiom'n<, and to the whoK'Siilc mcnhniits in

the trade of framework-knit tinjj. A (^)mnlittee was appointi'd,
which on<v more to in<|uin' into the state of tlir wcuknicn.
wa.-*
On the gth of June they n']><>rt'd that the former statrments of

the#wrkmen wert^ /rw^, and ]>roposed only a few amendments in
the Hill. The mvond n'adini,'- was carried hy twenty-four :ii,''ainst
twntv-thnv. Ihit it was thrown out upon the third reading hy
a nK;'ritv (f fifty-two to ei;"hteen '. Indeed, 1 was wrong"
in appniving* al)ove of the saying of Adam Smith, that whenever
I
'islature has attempted to reoûlate the difl'crences Ix'tween
1. ... and worknu-n. its counsellors have always hcen the masters.
:
This statement contains hut half the truth. It has also always
boon the siime whenever the Legislature refused such regulation.
l'|Kn the rejection of the Bill, g-rcat excitement of the work-
men ensued. They crowded to Nottingham, ])roke the frames of
those manufacturers hy whose special influence the Bill had been
lost as well as of other employers
threw them out of the
windows, hurned a house down, and destroyed much property
behmging to the employers. More than 300 frames were broken
on this occasion. The whole of the employers then promised, if
the riots would at once cease, to remove all grievances. On this,
peace ensued. Public opinion seems to have been on the side of
the joumejTnen, for the workman accused of having set fire to
the house was accpiitted. But the em ])1 overs kept their word
badly. They had foiTned a union of their own. After the
ferment had subsided, they issued an address, stating that they
would oppose all regulations, whether by charter or Acts of
Parliament, as tending to drive the manufacture to France, where
workmen were contented with low wages 2.
The grievana's of the workmen in the trade increased more
and more. From 1780, in consecpience of the system of rent-
charge for the use of stocking frames having become fully
established, the construction of machinery proceeded very rapidly
for the next thirty years. Tlie cost bore so small a proportion
to the rent, as to induce many persons not in the trade to pur-
chase frames''. On this came a vast increase in the number of
apprentices. Mr. Felkin mentions an instance of a father and
B^^m in Nottingham having, in 18 10, twenty-four apprentices; and
two framework-knitters at Ilinchley having 100 between them.
' Journal* of the HfAise of Commons, vol. xxxvii. pp. 386, 396, 421, 441.
Felkin, pp. 117, 227-229. 3 Ibid.
p. 117.
V. THE OIIIGIN OF TRADE-UNIONS. clxxXV
The whole district was accordingly in a constant state of riot.

In their distress the workmen turned their attention once more
to the powers entrusted to the chartered London Company, and
sought its intervention for their relief. But it was then too late
for its action. The Company proceeded, indeed, at law against
a manufacturer for taking apprentices in violation of the bye-laws
of the Company, but the manufacturer was condemned in
IS. damages only. As wages became more and more dependent
on the discretion of the employers, the workmen again applied
in 1812 to Parliament to enforce payment by statement-lists.
But though a Bill embodying such clauses passed the Commons,
the appeal was unsuccessM in the Lords. On this the workmen
in all the branches of the trade entered into union in 1814^.
Since then, until the time of Mr. Mundella, attempts to fix
statement-lists of prices have changed with strikes, when these
were violated by the masters, and with unsuccessful applications
to Parliament for laws regulating the trade.
To mention another incorporated trade, I take the Cutlers in
Sheffield. Already before 1790 the masters there must have
attempted to violate the customary restrictions as to apprentices ;
and they were probably hindered in this by the journeymen.

But far from withdrawing from the corporation, they complained
of these restrictions in 1790 to Parliament, and petitioned for
alleviations in the bye-laws of the Company'^. These were
granted in an Act of June the 7th^ 1791 ^ and forthwith, on
;
the 9th of September of the same year, we find combinations

among the Scissor-grinders and other workmen. On the 3rd
of April following the Scissor-smiths' Benefit Society was formed.
According to Mr. Hill's account *, it was a Trade-Society to
oppose the actions of the employers, which probably took the
shape of a Friendly- Society to evade the 39th and 40th Geo. III.
chap. 106.
The same phenomena which we observed in the trades incorporated
by charter, or under the 5th Eliz. chap. 4, recur in those which
had been always free from any legal restrictions. Among these
was the trade of the Calico-printers ^. Nevertheless, though the
regulations of the 5th Eliz. chap. 4 had no power over this trade,
yet they were observed in it as the order sanctioned by the general
^
Felkin, pp. 435-439 and foil. The London Company existed till 1835.
^ Journals, vol. xlvi. pp. 11, 12.
^ Ibid.
p. 717.
* S. S. A. Rep. on Trades' Societies, p. 526,
*' Minutes
^ See for the following statements, of evidence taken before the
Committee, to whom the petition of the several journeymen Calico-Printers and
others working in that tiade, &c., was referred," July 4, 1804 ; and the Report
from the Committee on these minutes, July i7, 1806.
rUxXvi 5 V. TIIK OBIOIN OF TnADK-lNlONS.
mstom of tnwlo Wforr the intnKluction of nin<hi!urv. Hul siimil-

taiuxHinly with thr intnHiiirtion of in:u'linrrv, alK.ut \\\v yvnr 7cyo,
i
t^ nwhlimitmA eaiplo}*iiu*nt of a]>)>r('nt icfs in the place of adult

jonantiwvaen brauiie general in this trad**. And the disi>ro)>nr-
tion li'twwn j<urnrvnu'n an<l a]])n'nti(MH which, not restricted
hv even the ]osj<ililit y (f a h-^'-al prosecution, amse in the
cxmntie^ of I^ni'njitt^r, l)crly, Cheshire, and Statlord in lln^-Jand,
ml in th<^ <f I^mark, Kenfrew, Duniharton, Stirling, and
Perth in Scotland, siirj a*ise<l hy far tliat existing'' in all other
tnitU*K. In I^ncashire there were cases of lifty-five apprentices
to two journevnien only ; and in the eonnty of Duinharlon cas's
of Hixtv to two. Thest^ j)roj)ortion8 had however been in no way
( .I'lM**! hv a want of hands from the j^rcat rise of the trade aft<'r
the introductiiû of machinery. On the contrary, whilst all

oppn'ntices were working full time in the factories, the journey-
men sought in vain for work. And whenever the state of the
tnide niv<ssitatcd a discharge of hands, the journeymen were
always dis<-har^(d first, whilst the a]>prentices remained fully
emj>loywl. The reason was rather this, that tlie masti'rs, by
emj)loyinj' apprentices instead of journeymen, saved on<'-tliird in
wa'es. And it was not rare '' that apprentices were discliar<^cd
immediately ujxm the expiration of their apprenticeship, althou<^h
the work wa-s unfinished, the masters beintr unwilling- to pay
them journeymen's wagrs, even until such work was iinishcd."
A^Minst the evil consecjuences naturally to be api)rchcnded from
the comitarative unskilfulness of boys, the masters provided, by
making at their discretion an adccjuate deduction from their
wagt's, whenever work was spoilt by the boys. The position of
the apprentices was just as precarious as the situation of the
jraimeymen was miserable. The employers declined takino- ap-
jinntices on indenture, and acce])ted them only on verbal ])ro-
mi-es of serving seven years. To enforce the o})scrvation of this
agreement, they required from the parents of the boy a bond of
.jt 50, and also retained a certain part of their earnings
as a rule
jt 10 until the term of apprenticeship agreed to had elapsed.
Besides, the apprentices often had to serve from eig-ht to ten
yt-ars instea^l of seven ; for when at any time the employer had
no work for his apprentice, he forced him to serve more than his
term fur the time in which he had no work. The employer, on
the other hand, did not take upon himself any legal oblig-ation
whatever towards his apprentices. He could discharg-e him at
will, and very often did so. These apprentices were partly parish
apprentices, partly children of workmen, who were forced by their
emi>loyer8 by threats of instant dismissal in case of refusal to
apprentice their children. And whilst the trade "produced
.
V. THE ORIGIN OF TRADE-UNIONS. clxxxvii
among the generality of workers a great difficulty of breathing,

diseases of the lungs, &c. ; whilst their sight was apt to fail
them at an early age, and the period of old age very soon reached
them," and they thus became unfit for any other employment,
they were mostly discharged at once after the expiration of their
apprenticeship. There is also evidence as to workers being
dismissed immediately on their sight beginning to fail them ^
This abuse of power on the part of the masters, and their

aggressions, especially on the journeymen's customary right of
preference to employment, which they had acquired by a regular
apprenticeship, led at once, as might be expected, to the forma-
tion of Trade-Societies. All journeymen of the trade belonged
to this Calico-printers' Trade- Society, as all Clothworkers did to
their Institution. At first there were no regular obligatory
payments, but all contributed voluntarily to a common fund.
From this fund the sick members, and those out of work, were
assisted. When such accumulations of funds had been prohibited
by the 39th and 40th Geo. III. chap. 106, the Calico-printer
Unionists gave each member a ticket. On presenting this, the

bearer like the wandering journeymen in Germany received
a donation from the workers in every workshop he passed.
Originally, everybody was free to give what he pleased but ;
gradually there arose too great a disproportion, as the zealous

often gave 6<^., whilst the lukewarm gave nothing. Then the
journeymen were bound to fixed contributions, in England to a
halfpenny, in Scotland to \d. each. It seems that as the trade
developed further, only the more zealous journeymen belonged to
the Union, and that thus a closer and more restricted association
arose, which no longer comprehended all workers in the trade.
Another rule among these workmen which has a certain likeness
to those of the German journeymen's fraternities, was, that every
apprentice or workman who wished to work in a workshop, had
first to apply to the journeymen, before asking the masters for
work. The reason was, that if discontent existed, or there was
not plenty of work, the employers might not take advantage of
the new offer of labour to discharge their journeymen or reduce
wages. If new apprentices were taken, a strike ensued. When
the journeymen struck work, the apprentices generally went with
them, and were assisted during the turn-out by the journej^men.
In London and the parts adjacent, however, the most friendly
relations existed between masters and men but it was also shown,
;
on inquiry into f urteen workshops, that the proportion of ap-

prentices to journeymen was only 37 to 216.
. * Compare Sheridan's speech on these abuses in Hansard, vol. ix. pp. 534-537.
cUxwiii V. THE ORIGIN OF TRADE-l*N10X8.
Thcw comliinationn oxiHt*Hl until the yrnr 1802, \\\\n\ the

joarneriDpn linit npnluHl to the Houho of ('ominoiiH for ncinsH,
i ffli^ *tlie moment tnrv fouml tlu-ir |Htition (nti-rtaiiu'd, and Irlt
anr jfroand of hopt* tliat thrir ^riovanccs would Im' lairly con-
idfrttl. all t^>mliiiation cH^nj^^nl. nml tluir nliancf for rrdicss was
."
entirely founditl ujvm tin* just ire and lil'rality of Parlianirnt
The* Commit t4V apjHintttl by tl' lloust: niadf an cxfilli'nt
on the evidence which it liad taken, and warmly recom-
K'|*irt
memle<l measures for the relief of the Ciilico-]>rinters. Tin'

Kejiort dwelt Fpecially on th( fart, tliat the l('|fislation of the
then laj^t years for the wnrkinj^-elasscs " had ()j)erated only in
fiiyour of the 6tron*f and ai".iinst the weak." " Everything," it
says, " is made suhserviciit t(^ the interest of the masters, and
exelusively too ; diminution of expense, considerable as it
for the
is, the manufacture arisinjif out of their multi])lication of appren-
tices at retluced waives, and the introduction of machinery, do not
ap|>ear to have produced any reduction whatever in the price of
the fabric to the consumer/' Mr. Sluridau l)rouf;-ht in a lîll in
accordance with this Report, proposin*];' (among* other thin<jfs) to
lessen the numbi-r of api)rentices. Parliament, liowever, refused
the Bill a second reading, especially on a speech of Sir Robert
Peel (the father), who opposed it in the name of the master-
printers. He was a party to the question, as the evidence shows,
for his manufactory at Church liank, in Lancashire, was as over-
stockitl with apprentices as those of other employers. This
refusal eausi*d the revival of Trade-Unions among* the journey-
men Calico-printers and it is worth mentioning, that the ])re-
;
carious condition of the apprentices themselves caused them

even later on, in 1851, to form a Trade-Society of their own ^,
which was to assist and supplement the Trade-Society of the
journeymen in their endeavours, just as the journeymen's frater-
nities of the fifteenth century on the Continent supplemented
the Craft-Gilds.
As regards the Cotton-trade, I have not been to find Ma
accounts of the fir.>t Trade-Societies among its journeymen. But
the follo\îng statement about it agrees with what occurred in all
other trades, when the exceedingly wêll-informed author of the
essay Ofi Onnh'i nation a of Trades says (p. 15), " that this manu-
facture, which was of too modern an origin to be obnoxious to the
5th Eliz. c. 4, was never without unions among its artisans."
An early organization of the journeymen Cotton-workers may also
be inferred from the evidence contained in a Parliamentary Report
* The worda are Sheridan's. Compare also Beport, p. 6.

'Se the account of the Young Society of Block-Printers in Manchester, in the
MMJ On Combinaiioru of Trader, pp. 73-76. London, 1831.
8
V. THE ORIGIN OF TRADE-UNIONS. clxxxix
of 1811 ^ It is said there, that for seventy years statement-

lists of prices had existed in that trade, which were agreed upon
by masters and men, and that they had been given up thirteen
years before, by which great misery had been caused to the
workmen.
Thoughthe examples mentioned sufficiently prove my assertion
as to the origin of Trade-Unions, I will yet give an account of
the Trade-Societies in the Silk-manufacture for the real nature
;
of Trade-Unions comes out nowhere more clearly than here.

Already before 1773 the assessment of wages by justices of the
peace or by the Lord Mayor had fallen into disuse in the silk-
manufacture in London, Westminster, Middlesex, and within the
liberties of the Tower of London. In consequence, the com-
petition of employers to undersell each other had lowered the
wages of workmen. This led to continual differences as to wages
between masters and men. Several deeds of violence were com-
mitted by the exasperated workmen, and much property belonging
to those employers who would not pay the customary wages
was destroyed '^. Strikes were frequent and the men on strike
;
were assisted by contributions from all the workmen of the

trade. They chose a committee for managing all matters con-
nected with the trade. But when the committee once ordered a
levy of 2d. for every loom used by a workman, quarrels ensued
with the masters, which finally led to the enactment of the 13th
Geo. III. c. 68 ^. According to this Act, the justices of the
peace or the Lord Mayor at the above-named places were, from

July 1st, 1773 from time to time, after demand so to do had

been made to them to assess the wages of the journeymen in
the silk-manufacture. Employers giving more or less than the
assessed wages to their workmen, or evading the Act, as well as
journeymen entering into combinations to raise wages, were to
pay certain fines, the amount of which, after the deduction of the
necessary expenses, was to be applied to the relief of needy
weavers and their families. By the 32nd Geo. III. c. 44, of
the year 1792, these regulations were extended to the manu-
factories of silk mixed with other materials; and by the
51st Geo. III. c. 7, of 1 II, to the female workers in the re-
spective trades. These three Acts were called the Spitalfields
Acts.
After the enactment of the first Spitalfields Act, no more strikes
* Beport on Petitions of Several Weavers, June 13th, 181 1.

^ Minutes of Evidence taJcen hefore the Committee to consider of the Several
Petitions relating to the Ribbon Weavers, March i8th, 1818, p. 40.
^ Second Report
of Minutes of Evidence, April 20th and 28th, and May 8th,
I8i8,p. 57.
esc $ TIIK OBIOIN OP TKADK-UKIONS.
toi>k pljKv in SnitAUioKlH '. Ma*Jt<TH ami nion were* unanimou*

in tht'ir yraitv of the oirfotn of tlu*< Act* ; and an employer even
'1. tlmt in cAe of tlu-ir n'|>al. ho wmild instantly rrtiro
: ::io trade'. In tho yrar 179^ a ^'-t-niTal pricr-list was lixcd
in confonnily with the 13th Geo. 111. c. 68; and this was
fulloweti hv mveral others, tne last in H06 '. 1 The "^-nat cximmihi's
r ^ bv the pnbliealion of tlu'se ])ri('e-listK, amounting sonie-
.-^ôo, were hy suhseriptions of the workmen *.
iU-frayetl
Bui Oi* them i)roj)trly and equally, the
all did not eontriluite to
men elei'tttl in 1805 a "rommittiM' f)f ways and means,'' wliieh
levied eontriliiti)ns aoconlin*,^ to the numl)er of looms worked on
bv a journeyman Hut as the masters fre(|uently endeavoured
'.
to vi(late the list a<^ree<l (m before the maf,'-ist rate's, further sub-
tierijtions were re<juired, lirst to assist those workmen who had
been diseliarêtl for insisting- on their la\N'ful wa<-es, until they
should aîn ^t work, and then for prosecuting* in court those
roasters who violated the law ^. This led to a confederation of
those journeymen who were more zealous for the common weal,
into a Trade-Society.
Aeeording to its statutes'^, the " Rules to be observed by a few
fri'nds called the Good Intent," it had as standing ofiicers only
a f'W collectors of contributions, who were called " The Finance,"
and. besides, a paid secretary. The entrance-fee was twopence,
the wet'kly contribution a halfpenny. If a member was out
of Work he reeeive<l a donation. Yet this case was evidently
a rare one, as is proved by the rule of the statutes, that in case
of more than one journeyman being out of work, the sum which
was to be a|)|)lied to the a,ssistance of men out of work should
not be aiignnntiil, but equally distributed between them. This
proves therefore, apart from the distinct evidence on the point,
that after the enactment of the S])ital fields Acts no more strikes
occurred that strikes were not the object of the society.
; And
indeed, as the journeymen could protect their interests at law,
there was no room for strikes. If differences broke out between
masters and men, the latter chose a committee ad koc, which was
' MinuU*, p. 40 Scccmd Beport, p. 194.

;
If the SpitAlfielda' Acts should l>e repealed, "I should in all probability leave
the tnvle, and for this reason 1 allude to no individual, but I have Bufficient
:
exi>erience of human nature, and I have seen enough to know, that there are
many pt-ople who would no oppress the poor to get goods manufactured very cheap,
that I should not have a disfmsition to enter into competition with them, and I
should in all probability retire from the trade." (Minutes, p. 43.)
Second liijxjrt, p. 188. * Ibid.
p. 56.
Ibid p. 54. ' Ibid.
pp. 59, 194.
' Compare aa to thi Trade-Society the Second RepoH, pp. 54, 56, 57, 59, 165,
166, 168, 180, 18S, 194, 195, 196.
V. THE OUIGIN OF TRADE-UNIONS. CXci
again dissolved after the case had been settled. The journeymen
sometimes also elected on this committee masters who had before
been workmen themselves, and who, even after their rise, had
known how to preserve the confidence of their former associates.
This committee prosecuted, in the name of the journeymen, those
employers who violated the said Acts. It represented them also
whenever a new price-list had to be fixed. In opposition to this
society of the journeymen the employers formed another, with
the object of defending its members in court when prosecuted
by the journeymen. It also represented the masters on the
settlement of a new price-list. Whenever such a new price-list
was to be fixed, the committees of both societies met and after
;
an agreement as to the prices had becA come to, the committee

of the journeymen brought the change, or the new regulation,
before the magistrates to receive their sanction. The complaint
of the employers, that the magistrates regulated the prices always
more according to the statements of the workmen than according
to theirs, proves that the journeymen were not badly ofi^ under
these legal regulations of prices. Sometimes, also, such new
regulations led to discussions before the magistrates. But " in
"
most cases," says a master silk-manufacturer, where a dispute
as to the fixing of prices has occasioned a discussion before the
magistrates, it has arisen from the contending masters not being
operative weavers there would not then (i. e. if they had been
;
operative weavers) be such disputes as there have been, as the

masters were not capable of answering those articles which the
journeymen have put them." On the 4th of December, 18 13,
the journeymen's society consisted of 83 members, and was in
possession of <^^5 ^*- ^^h^- Iii October, 1817, its finances seem
to have been embarrassed. It accordingly circulated an address
to its members, calling for contributions. This address gives at
the same time an account of the society's operations. " Within
the last nine months upwards of fifty persons (by means of the
Trade-Society) have obtained the lawful prices of their work,
which was withheld from them to a very great extent by their
employers the expenses of obtaining which, with other things,
;
have borne so heavy upon your finances, that you are embarrassed
to a very large amount."

After a contest of almost a hundred years for the violations
of the 5th Eliz. c. 4 began about the eighteenth century the
master- manufacturers at last obtained the victory in 1814. For
the woollen manufacture the Statute of Apprentices had pre-
viously been repealed by the 54th Geo. III. c. 96 the industrial
;
system J which was as old as the Craft- Gilds, was abolished for
all trades. Indubitably, the condition of things before this repeal
cxdi Jt. tub origin of tuaue-ixioxs.
bftd becomo untoiuiMo ; for wIiiIhI tlu* law wan nominally in force,
it WM pnu'tically not olH*'r>til. All a^'-nHnl, thcnfon', that a now

'
law K:i'* l^nt whil.^t >oint' wislunl tor the annntl-
ment ii li*>in'tl its cntin* rrpral. INtitions

wert pitin-ntttl to Parliament bv the followers of both views. IJiit
whiUt 300,000 were for the mainttiiance of the statut<', there
wprt but 2000 for its re|H'al '. A I'arliamentary Committee was
B]>iH>inti\l 1813 to
in intjuire into the facts of the (pieMtion.
All witneiiMnJ examimnl wi're a*^nnst the re])eal. The arjûments
of the workmen lirou<^ht round to their side even th( Chairman
of the Conifnitti'e, wlio had iormerly heen little inelincd to their
views'. Tlie workmen's petitions also laid particular stress on
the |>oint, that ly the thitherto prcvailin*,'* laws the journeymen
lawfully educated for their trade had accûired a ri^ht similar
to property, and that the rej)cal of the statute of Eli/aheth
would be to them what the deprivation of land or any other
projxTty would be to owners thitherto protected by the laws ^.
And. indeed, in this the workmen were riyht. For what else
is land liut an opportunity of g'cttinp;' an income ? and what
else had the journeymen actjuired by their seven years' appn 11-
ticeshij), and by the expenses incurred for their education in the
trade, but the opportunity of f^cttinji^- an income ? and does not
our ag, which on expropriations pays compensations to land-
owners for the loss of this o])]iortunity, owe such compensations
also to those journeymen; at tlie least to the amount of the cost
incurred by their education to their trades durinor the seven
years re<juin-<l ? But we acknowledpfe only ri^^hts of capital, and
these only when they are fixed in saleable comnKjdities.
The debates in Parliament on the repeal of the statute show as
its enemies, either employers or mere theoreticians, who, with
the entire superciliousness of the followers of a still young"
tlK'<jry, spoke ^\'ith contempt of the g-lorious reig-n of Queen
Elizabeth as of the time when nothing was yet known of the
infallible doctrine of the new era"*. It is remarkable, however,
that these enlightened adherents of the new theory differed from
Adam Smith in his justification of combinations of workmen'*.
The employers, on the other hand, described this openly as a
chief reason for the repeal of the statute, that the seven years'
ajiprenticcship restricted the number of workmen, and thereby
enabled them to combine with success against their masters ^,
Ilaufard, vol. xxvii. p. 574. 2 jnî

p gô.
'
* See licp'/rt from the Committee on the Petitions of Watchmakers of Coventry, d-c,
July 1 1, 1817, p. 47.
* Comfiare Jlanârd, vol.
xxvii. pp. 564, 572, 884.
* Ilantard, vol. xxvii. p. 572. Hid. vol. xxvi. p. 213.
V. THE OUIGIN OF THADE-UNIONS. CXCui
The spirit of the repealers may be seen by the assertion, that

" the persons most competent to form regulations with respect
to trade were the master-manufacturers '." Thus at last the
was repealed
statute in the interest of the employers.
I am not going to criticise further here the repeal of the
5th Eliz. c. 4, but I may be allowed a word on the dodge of the
cry against State or Government by which this repeal
interference
was carried, and so many other regulations of trade desired by the
workmen were refused. It seems to me, on the contrary, that
this repeal was an interference and I can also imagine refusals
;
of such regulations, which would constitute interferences. For

what does interference mean ? Evidently an unjust meddling
with the affairs of another. But what is the State, and what
is Government or rather, what ought they to be ?
; The State is
the organization of the people, and Government the natural
centre of popular life. When this is really the case, there can
be no question of State interference, so long as the State fulfils
the will of the people. For nobody who acts according to his
own will can be said to interfere with himself. The whole term
" State interference " presupposes therefore a condition of the
State as it ought not to be it presupposes a State which is
;
something else than the organization of the people, a govern-

ment which is not the natural centre of popular life ; both, some-
thing foreign to the people. And such was the State when the
5th Eliz. c. 4 was repealed, and when those regulations of trade
were refused. If it had been otherwise, it would not have acted
in favour of the 2000 against the interests of the 300,000 ; and,
in the case of those refusals, not against the expressed will of
the majority of the interested part of the people. This repeal,
and these refusals, were acts of interference on the part of a
minority with the wishes of the people. And, indeed, the then
existing Parliament did not even nominally represent the latter.
This was also shown by the debates on the repeal. general want A
of interest prevailed on the deliberation of a law of such grave
importance to the life of the people the House was even;
counted out'-.
The repeal of the 5th Eliz. c. 4 declared the state of industrial
disorganization and disorder as the only lawful state. This
state became only too soon the prevailing one in all trades.
Parliamentary reports'^ on the condition of the ribbon-trade and
the silk-manufacture at Coventry, Nuneaton, and Macclesfield,
describe, as the immediate consequence of the repeal, such a
^ Hansard, vol. xxvii. p, 572. ^ Ibid. vol. xxviii. p. 14.

^ See the two above-referred-to Reports on the State of the Ribbon Trade
(p. clxxxix, notes i, 2).
n
exciv t . TUB ouiaiN or tuadb-inioks.
|fn>wth of thf yit4m of HWrattTB and linlf-imy npprtnticcH. that

tho journtviwon wore ilrivrn to liuniiu', inul tlu' It male wnrktTH to
pis
'
'. "Whilst thi'Htntuto of tlu /ith Kli/. wnn in forco,"
gg> thf ilihtrowiiij^ c'irt'uinstiiiUTS now coinplainril
.,rt,
**
of never occurrtHl." The whole of the mai>ter8 and wenvrrs,

th- itiniudin iiSi8 for the ext*nsion of the Sjntallichls
Ai\ ilk-tnidt' in tlu* Kiid j>la('es. Rej)orts of tlie years
1817 and 1818 pive an ahsolutely identical aecount of the con-
dition of the Watehniakers at Coventry-. Further, as the
juitiiH*s of the ]>ea<'e no lonpT assessed waiifes after having
beard masters and men, the workmen now endeavoured to in-

troduce nj?uIation of wa<ês by statement-lists of prices, agreed
u|<n hy masters and nun '. lUii they wire violated upon every
CKi-asion by the emiloyt'rs. The words wliieh Pitt s])oke on
the subject of the Arbitration Act were now completely i'ullilled.

*'
Tlie time will come," he said, *' when manufactures will have
been so long established, and the operatives not havinji;' any other
business to llee to, that it will be in the power of any one man
in a town to reduce the wag-es, and all the other manufacturers
must follow. If ever it does arrive at this pitch. Parliament, if
it be not then sittinj'', ou*^ht to be called together, and if it
cannot redress your grievances, its power is at an end. Tell me

not that Parliament cannot
it is omnipotent to protect." The
workmin were (piite of the opinion of Pitt, and numberless were
the i>etitions which, after 1814, they addressed to Parliament
for the legal regulation of their trades. But as Parliament
thought it could not redress their grievances, they tried self-
help. After the rej)eal of the Act of Elizabeth combinations
and unions therefore arose in all trades. But whilst, on the one
hand, the workmen were refused legal protection, self-help, in
consefjuence of the 39th and 40th Geo. III. c. 106, was con-
sidered a crime. In 1818, bail to the amount of JS200, and two
sureties for jîoo each, were required for the appearance of a
common workman at the next Session to answer a charge of
combining The greatest mischief was, however, that the Com-
'.
bination Laws, by confounding right and wrong, led men to
' Ribbon Trade, March 18 1818, pp. 5, 24, 33.

'Minute* of Eridenre on the
' lifj'fjrt CominUUe on the Pctitioivi of Watchmakers at Cooentry, d'C.,
from tfu
July II, 181 7; Reftort from the Select Committee to consider the Laws relating to
Watchmakers, March l8, 1818.
Compare especially, a to the Silk-weavers of Macclesfield, the Second Report
on the Ribbf/n Trade referred to ; moreover, the Report on Petitions of Several

Wtarfrt, June 13, 181 1.
I quote from Mr. Maxwell's speech, May 15, 1834, Hansard, Th\r(\ Series,
ol. xxiii p. 1091.
Repf/rt the Artians' Committee, 1824,
of p. 405.
V. THE ORIGIN OF TRADE-UNIONS. CXCV
regard with less aversion things really vicious. The people, in

their despair, did not shrink from the greatest deeds of violence
and the most infamous crimes, in self-defence. The Combination
Laws had deteriorated the character of the people to such a
degree, tliat even after their repeal in 1824 such deeds of vio-
lence still occurred, as was disclosed by the Cotton-spinners'
trial at Glasgow in 1838; and in several trades the instances
descend, as we all know, to the latest times.
I will now briefly sum up the evidence with regard to the
origin of Trade-Unions, supplied by this sketch of the con-
dition of the workmen in the several trades during their tran-
sition from small to great industiy. We see first that the
old regulations of trade by the Craft-Gilds and by the 5th
Eliz. c. 4 which had originally been ordained in the interest
of the public for securing good quality of work
now appear
as really framed for the '' better relief and comodytie of the
poorer sorte." Wherever an alteration of the order established
by them occurred, the artisans and small masters were menaced
in their secure and well-to-do situation, and the harmony be-
tween masters and men was destroyed. And as soon as attempts
were made to abolish this order, and legal protection was re-
fused, the men combined for its maintenance. I refer to the
instances of the combinations of the I'rame work-knitters in 17 10,
of the Clothworkers in 1720 and 1756, and to the London Silk-
weavers before the enactment of the Spitalfields Acts. And,
indeed, in the time after the repeal of the Statute of Apprentices
it was notorious^ that wherever labour was not regulated by
law, or by an order agreed upon by masters and men, combina-
tions of workmen prevailed.
As soon as the disorganization spread and the gravest abuses
became general, whilst the prospect of a maintenance of order
by the State disappeared, the workmen formed their Trade-
Unions against the aggressions of the then rising manufacturing
lords, as in earlier times the old freemen formed their Frith- Gilds
against the tyranny of medieval magnates, and the free handi-
craftsmen their Craft-Gilds against the aggressions of the Old-
burghers. And like the objects of those Gilds, the object of the
Trade- Unions was the maintenance of independence, and of an
entire system of order, in a time of industrial and social club-
law. The Clothworkers give an example of this. Already, in
1796, the non-observance of the 5th Eliz. c. 4 had become so
general in the cloth trade, that the trustees of the cloth-halls
at Leeds admitted to them masters who had served no appren-
^ Compare the Second Report on the Ribbon Trade 0/1818, p. 60.

n 2
f T. THE ORlUiN or TiLVDL-lMUNS.
tienliip. And in tho wime yoar tluTc nros*> a Tnulo-Socit'ty of

worknion for tho mnintonnnoo of the ru8t<mnry onhr. Tluis
iJ,^ ,1 tho ('oii^rrsi< of thi' IlattcFH. th' Ininii .r the
Cui.. . ....;*r."i, uiul thi* rot of tlu' alMivt'-nn'iilionrd 'ira(k'-
8<ciftift*.
Ihit thcM" nnse only \\\wn thnso who h.ul hitlu-rto
H<K'i'tii*s
' ' '
1 the onh'r ot" the tra(h' rcl'iiscil tliis j>ro-
t< |>rot<'<'t
i.H tlu' Stockin^'-inakers' Association for Mutual

i'rot^Ttion NNa" oiilv fornunl after the London Kraniework-knit-
tors* roin|t;mv had |>n\t'<l itself i'ithcr unwillinj^- >r iiisullicirnt
to maintain the niûlations of tlic traih'. Tlie (Motlnvorkerri
fomunl an Institution in 1S03 only, when the trustees of the
cU>tli-halls had eeasi'd to ]>erf'orni tlicir (hity. But as soon as the
tnist<t'S aj:un sh(wi'dthemselves ready to fuUil that duty, the
Institution And with this aj^-rees Sheridan's
was dissolved.
aetMUint of the comhinations of the Calico-printers. The societies
themselves also only resorted to self-helj) to maiiilain their re-
lûlations when leâl aid was denied them. Thus Trade- Liiions
arose in all trades under the 5th of Elizaheth, first, for the lef"al
projieeution of em]>loyers who had violated this Act and, indeed, ;
in the silk-trade the Trade-Society existed mirely for the hclter

execution of the Si)itallields Acts. On the other hand, we find
incendiarism hy the Cloth workers on the suspension of the 5th
of Kli/.aheth, and riots of the Framework-knitters on the refusal
of protection hy the Icfîslature.
Orifinally the organization of the Trade-Society comprehended
all the workers of a trade in the place thus was it with the Silk-
:
weavers, with the Calico-j)rinters, with the Institution of the Cloth-

workers. Likewise the amount of contributions depended orig-inally
on the free-will of the members. It is only later that we find closer
and more restricted associations amon<^ the more zealous, and
fixed cont rihutions. As comhinations of workmen were prohibited,
especially after the 39th and 40th Georg-e III. c. 106, Benefit-
Societies were fre(juently made the cloak of Trade-Societies.
Such Tnide-Societies were the Friendly-Society of the Cloth-
workers in 1802, the I3enefit-Clu]> of the Liverpool Shipwrights,
the Scissor-smiths' BeneHt-Society at Sheffield and indeed this :
was almost the rule until 1824 ^ During- the whole of the Middle
Affes after Charlemag-ne, the Political Gilds aljroad concealed
themselves in like manner under cover of the lieligious Gilds'^.
* See the ninth resrtlution of the Committee of the House of Commons in 1824.
' Sv'-' Pertz, vol. i. p. 6S, cap. 10. Ouin-Lacroix, pp. 4 23-425, cites a series of pro-
hihili'-n-H of R?li[,nouH GiMs by councils, kinf^s, and barons, because they were " co)i-
jurationex vel conspirationea laicorum, quibus nomen confraternitatis imponunt,
impietatem poUicentes sub nomine pietatid."
V. THE ORIGIN OF TRADE-UNIONS. CXCvii
Mr. Dunning's account of the London Bookbinders' Society

shows also that societies first instituted merely for the pur-
pose of " taking a social pint of porter together," changed
afterwards into Trade- Societies. Such changes of Friendly-
Societies may often have happened. I have pointed in Part IV.
to the similar transformations of Religious into Craft-Gilds ^ If
in the times of the Craft-Gilds in England journeymen's Associa-
tions had existed there like those on the Continent, there can be
no doubt that later on Trade- Unions would also have arisen
from those Associations. I have already referred in Part IV. ^ to
the different points by which this opinion can be supported. The
Trade- Society of the Calico-printers also showed similar regula-
tions to those that prevailed in the German journeymen's Asso-
ciations.
The
rules of Trade- Societies cited in the foregoing pages are
still very imperfect. Yet even they show the essence of the
Gilds as defined in Part I.^ Like the oldest Gild- Statutes, they
show merely the outlines of an organization. The system is not
yet worked out into details. But if one considers the statutes of
one of our modern Trade- Unions, as, for instance, those of the
Amalgamated Engineers, one finds an organization elaborated into
the minutest details, which is very similar to the later Craft-Gilds.
It would be very interesting to show from the history of this
queen of Trade-Unions, which now (like the Hanse in former
times) has its ramifications in all parts of the world, how its
organization gradually developed itself in the same phases as
that of the old Gilds did. Attempts at General Trade- Associa-
tions by the Trade- Unions were also not wanting, quite as vain
and short-lived as the German Town-Confederations. I refer to
the National Association for the Protection of Labour of 1830,
and to the later similar experiment of Thomas Duncombe. It
would also be very interesting to show how the workmen, after
the disuse of the customary regulations of wages, laboured con-
tinually to bring about an orderly condition of wages by state-
ment-lists of prices ; how they were constantly opposed in this,
on principle, by the employers, who would not suffer restrictions
where they considered themselves as alone having rights, until,
in consequence of the threatening attitude of the workmen, they
have, since the example set by Mr. Mundella, agreed at last to an in-
stitution which is nothing but an amended edition of the regula-
tion of wages by the Craft- Gilds'^. And in some noble instances
^ See p. cxviii, above. See pp. clix, clx, above.
^ ^ See p. Ixvii, above,
* above. It appears from the Report on the Petitions

See pp. cxxxvi, cxl, note 2,
of Several Wciivers, June I3tb, 181 1, that statement-lists of prices, agreed on

by masters and men, existed early in the eighteenth century in the Cotton-
!
cxoriii J V. tub oBiiaiN or tr.\de-i nions.
wf nturn to xhv nhnrin^ of urolits witli the work-

alrt-ntlv him tlio
nuu. uH It fx.til in Hrup'H luforo the dc^cncnition of tho
Cnift-lfiUlit*. 1 Uliovo that to show this would not only pro-
duiv n *
dim" cMnM'iousncsH that *'thr world is scttlintr into a
n'\v ohKt aftor morcor K'-s of disordiT-,'' hut lliat it would prnvt-
tli;t (iiH'ial (nU*r lias to a ^n'at extent alnwly takt'ii tlu- jtlacc of
'^drrV Ihit to ]>nv<' tliis in detail would rt'<juire sjucial essiiy.s

%>i..*h i-annot Ih' addi^l here.
I nhall Ik salisli*-*! now if I liavo proved that tho spread of dis-
order tTilhil fortli at onee in eaeh sinn^le trade (iild-like or,âniza-
tions of thost sutferini^ hy it, to maintain the old order, or to

crvatc a new one. 1 wish only i'urther to point to the fact that
the Knjjlish, amonp whom the old Gilds prohably ori;;inated,
have in this new movement aiiain ])recede(l all other nations. As
e:uh new jmlitieal era lias heûn in England whether they were
liiirniis who wruniif from Kin*:;;' J(hn the Minpiti C/iarla Lihertahuii^
or the middle-elasses who in the seventeenth century obtained

h*n' first the d<tminion in the State
so the era of the workini;-
c'.a eomes tirst to development on En<'-lish soil. And as in
ses
the earlier Middle Aês from the days of ('harlemaj^'ne the
Frith-(iil(Is. and in the thirteenth and fourteenth centuries the
CVaft-Gilds, so now
the Trade- 1 nions will be the <j;-rtat enfines
for obtain in J*- thesway. Alread}' since 1824 they have enjoyed
a kind of recognition and already they have fout^ht contests
;
quite as fierce as, if not fiercer than, those of the old craftsmen
aîinst the patricians. The history of their sud'trin^s since tho
end of the ei;:hteenth century, and of the privations endun d for
their independence, is a real record of heroism. It is only to be
hop^d that now, when they are free from all leg'al restrictions,
tiji-y may u^ê only
instead of tho arms of violence, which bolon^^*
to former times
the le<>^l moans which belonf^ to our days, and
which are thrown open to them by the franchise. May tho
En<;lish working-men. like tho I'^nglish barons and middle-classes
in former times, be a brit^-ht example in the attainment of free-
dom to their brethren on the Continent
ir^xle. About the beginning of this century they fell into dlHuae. Masters and
Beo therefore petitioned Parliament in 1811 for the appointment of a Comniitten,
oonaiiiting of both parties, which from time to time should regulate wages, and
which would have been very similar to the boards of arbitration of Mr. Mundella
or Mr. Kettle.
* above.
Sff p. cxxx%-i,
' Mr. (ongreve in the Portnitjldhj He-view, New Series, vol. v. p. 417.
Consider al.o tlie account of the Tra<le-rnion of the " Knights of St. Crispin "
in MaAHachuHctts in the article in the Sptctator, Dec. ii, 1869, on "The Work-
men's Revolt in Massachusetts."
POSTSCRIPT. cxcix
P.S. Attention may be called to the " History of the Holy

Trinity Guild at Sleaford [in Lincolnshire], with an Account of
its Miracle- Plays, Religious Mysteries, and Shows, as practised
in the Fifteenth Century," &c., by the Rev. G. Oliver, D.D.
Lincoln, 1837. 55.
The account of the Gild a Social or

Religious Gild is provokingly meagre, and the amount of talk
in the book very great ; but it states, at p. 50, that an ancient
MS. Compotus Book belonging to the Gild was then in the
possession of Dr. Yerburgh, the Vicar and that it ranges from
;
A.D. 1477 to 1545, when the Gild was dissolved at the Reforma-
tion, though two later informal entries in 1585 and 16 13 are
made in it. I have sent inquiries after this book. Dr. Yerburgh's
History of Sleaford may contain further information about this
Gild. Dr. Oliver, at p. 52, note 20, states the income of the
Sleaford Gild at Sol., while that of the three principal Gilds
at Boston was less, the Gild of Corpus Christi there being valued
at 32/., that of the Virgin at 24/., and that of St. Peter and
St. Paul at lol. 35. F. J. F.
1.
EETFENS,
IN ENGLISH,
MADE TO THE KING IN COUNCIL,
BY. OEDER OF PARLIAMENT,
AS TO
THE ORDINANCES, USAGES, PROPERTIES, &C.
OF
ENGLISH GILDS,
In the Twelfth Year op Richard II: a.d. 1389.
FROM THE ORIGINALS,

IN THE
PUBLIC RECORD OFFICE.

Tiiti ri^niU nf enrh of the RetumM here prinU'il in contuiiu-d in a
appiutr rrcird. Few of thoM ruconla are in a gootl Htati> : lunny uf tlicm
are in a very bad Uitc; while in nc-vernl cokch a jiart haH been cntcn away,
or beco m e otherwic <lf8troye<l. Thu following niuthmlH have been thcre-
ibre Adopt4^l, in thv hope of making the documeutji more intelligible, and
more oonvcnient for reference.
Some of the original KetumB are heRdel by the n.ime of the place whence
tbey come. In every such case, that name ia here put, with the xpelling
UM-d in the original. Where there is no such hearling, the name of the
place where the Gild waa in fact established is hero put, between brackets.
And in every caae where the Gild had any distinctive name, ai)d that
name is not contained in the heading of the original Return, it in here
put, between brackets, before the name of the place.
To cverj' heading a note is added, stating where the Return is to be
found, among the three Bundles in which, as is fully explained in the
lii'.r'xluction, all now kept. The serial number of each
these Returns are
li'.lum is marked in pencil in tlie IJundle,
given, as this was found
at the time when copies were made for the present work. A statement
of the condition in which the original writing is now found is added.
In many cases, although the original record has been eaten or decayed,
the sense can nevertheless be made sure of. In such cases, this sense is here
given, either in the marginal abstract, and without words inserted in the
blank, or by the insertion, in italic tyi)e and between brackets, of what

seem have been the actual words that are now destroyed.
likely to In
a very few instances, a single word, accidentally omitted by the writer of
the Return, has been inserted between brackets, but not in italics.
In printing these Returns, I have sought, by careful punctuation, and

the use of hyphens and other usual modem means, to bring out the sense
more clearly. The stops found in the originals are arbitrary, and are
usually only the straight stroke, single or double, sloping from right to
left. But, as there is no uniformity among these Returns in the manner
of using those marks, the adherence to such methods of punctuation would
be only confusing to the reader.
I.
[Gild of Garlekhith, London.*]
be worship of god almigliti oure creator, and hys moder Tiie giid was
In begun 1375, to
ill
seinte marie, and al halwes, and seint Jame apostle, a nourish good
. .
feUowship.
.
fraternitee is bygonne of good men, in Jje cliirclie of seint Jame

atte Garlekhith in Londone, ]>e day of seint Jame, \>e êr of our
lord m1.ccc.lxxv., for amendement of her lyues and of her soules,
and to noriche more loue bytwene ])e bretheren and sustren of \>g
bretherhede : and eche of hem had sworen on Jje bok, to per-

fourme J?e point3 vndernethe wryten atte here power.
ffirst : al bo b* beth, ober schul be, in be same bretherhede, All bretheren
must be of good
|?ei schul be of good loos, condicions, and beryng, and ]>^ he loue repute,
god and holy chirche and his neghbours, as hooly chirche maketh
mencion.
Item, '
who b*
r
entryth
J
in be
r same ffraternite, he schal seue at Each '
shall pay
.... 6s. 8ci. on entry.
his entre, to ]>e comune box, vj.5. viij.c?.
Item, ]je forsaide bretherhede wil ]?* \>er be wardeins berof ; There shall be
Wardens ; who
which wardeins schul gadere be qwarterage of bretheren and shaii gather in the
payments, and
sustren, and trewelich ^yld here acompt })erof, euery 5er ones, to y'îd an account
\>e wardeins )?^ haue ben to-fore hem of jie bretherhede, w* o])er
wysest of J)^
bretherhede ;
]>e which acompt euery êr schal be J>e
morn after here fest.
Also,' be brethren
^
and sustren of be
^
bretherhede, euery
^ '
5er,
: >
Aiivery-suit
worn.
g,,ali ije
shul be clo|?ed in suyt, and euery man paye for )>* he hath.
Also, ^be brethren and sustren of rbe bretherhede, at on assent,J The bretheren and
;
sisteren shall hold
in suyt byfore sayd, shul euery 5er come, and hold to-geder, for ^ i'^^^J fest.
* CCCIX. 6. Condition, fair ; but a piece destroyed in the middle.

UILD OF QAni.KKlilTII,
to DorUhc more kiiowrlcch niitl lone, n fcst ;

whiih fist Hclml lo
be aumxlaj after |o tiay of Boint Jaine ajmstlr. And cucry payc
êrto xx.d
Abo, cchc brt)|>cr of |>c brethcrhetlc schul payc, cucry jer, iitto
CJT fourv tyinw o|>cr ones in ]>c 3cr, ij.<f., ntU* firinast to-fore |)C day of
b Acompt of Jhj maistrcs, so \^ \>q wurdeius mowc here acoinpt
jeld clcrclich.
Also, J>c maistres and l)rcthercn to-fore said, cuery jer sclml
foure tymes come to-gcdcr, at som ccrtein j)lace, to speke
touchyng Jhj profit and ruyl of ]>c forsaid brcthcrhede, of peyne
of a jH>nd wax to |>e brctlRrliede.
Fiwitflilqrlfa* Also, eche bro|>er o))er suster ]>^ ben of \>e fraternite, 3if he bo
of power, he schal 3eue somwhat in inaiutcuauce of \>^ brether-
hcde, what hym lyketh.
Also, jif \>er be in bretherhede eny riotour, o|)er contekour,

ptolof Uw ojHjr such by whom j>e fraternite myght be ensclaundred, he shal
be put out JHjrof, in-to tyme )?* he hauc hym amended of ]>g
defautcs to-fore said.

ttoWmrj-mSL Al[*o, brethren and sustrcn of |>e bretherhede ))* taken of
J)]e
batold
iftfMr. ne shul noght do away wit-in
|>e clo[})e of he'lre suyt, )>ey it ))C
(jer ajler J>e] takyng.

Ob dMih
I
of may,
dw rwt ahall
[Also, yf any 6ro<]her ojjer suster of jje bretherhede dye, al ]je
jolB Id Um burial oJ>er [schul comen to )>e p/ac]ebo and dirige, and in morun atte
mcsse, and ofier [w hem wlmn ]>ey be wam]yd, but jif he may
Vmrnttj.
hym excuse Te&ou[ahely, o\er yf lie he\ in scruice of kyng,
oJ>er out of countre, [o/peyne of i.lb.] of wax to paye to J>e for-
saide bretherhede.
IncaM of qnarrri. Also, ne brojjer ne 6[uster of ]ê 8ai]d bretherhede ne schal
tktmmUmtbMtt
UbOdbaforaUie noght debat with oper. And [y/ii] be so \>^ eny debat chaun-
selich falle among eny of hem, )>* god defende, ]>ey beynge
in debat shul shawe and come \>e cause of her debat to \>e war-
deins of )>e forsaide bro)?erhcde, and ]>e most wyse ))erof : and ]>e
same maistres and bre})eren shul do her diligence trewly to

redresse it, and make bytwene hem a good acord. And 3if eny
OMirlhrard, tlMl]
UMtoatoftbe be rebelle a3ein8 J)t acord and ordinance, he shal be l>[ut] out of
giM.BOdtlM
oUMrihanbe
kl^d.
|>e bretherhede, and )?e o]>ct haue his accoun by p lawe, and jê
LONDON. 5
forsaide bretherhcde sliul be helpyng a3eins p rebelle and vn-

boxhum.
Also, 5if eny of fe forsaide bro}>erhede falle in such meschief weeuiy help to
}>the hath noght, ne for elde o)jer mischief of feblenesse, help bretheren, in old
1 in 11 iiTi-
hym-self, and haue dwellid in J>e
1 111
bretherhede

vij. 5er,
11
and done
age and in sick-
ness,
])erto alle ]>e duytes with-in ]>e tyme ; euery wyk aftir, he schal
haue, of ]>e comune box, xiiij.c?., terme of his lyf, but he be
recouered of hys mischief.
Also, 3if any of be forsaide bretherhede be enpresoned falslich and to those
wrongfully
by enrae, o])er by fals conspiracie, and haue noght for to fynd imprisoned.
hym with, and haue also ben in ]?e bretherhede vij. êr, and done
]?erto as it is byfore next sayd, he sha[^] haue xiiij.c?. duryng hys
enpresonement, euery wyk.
Also, bo b* comen here-after to be bretherhede, as brethren New-comers shall
swear to keep the
o]7er sustren, he shal swere on J?e papir, to-fore \>^ wardeins ordinances.
)?erof, for to kepe wel and trewely alle ]>e pointy of ])is papir atte
here power.
Also, sif eny of be brethren of the forsaid Bretherhede be Every brother
chosen Warden,
chosen wardein in ^b bretherhede, be he in toun ober
'
out of must serve, or
^
pay 40*.
toun, he shal take ]>^ charge al-sone as he is warned Jjerof, and
do his deuer as a wardein of J?
bretherhede ought to do ; and îf
he refuse ]j same doyng, he shal paie to f same bretherhede

xl.s.
ir.
[Gild ok St. Katiikiunk, Aldeusoate, London.*]
Ricardiis Brcihford et Kegiimklus Swetebon, ciues Londonic,
Custixies ffratcrnitatifl Sanctc Katcriue, fundutc iu ccclcsiu
Sancti Botulphi in Aldrichesgate, Loudonie, vcniunt coram con-

cilio doiniui Regis, in cancellaria sua apud Westmonasterium,
videlicet tricesimo die mensis Januarii, anno regni Regis Ri-
cardi secundi duodecimo, ct sccum ihidcm dcfcrunt et apportant,
*[i<.) in fjuodam rotulo scripto, totam fonnam auctoritate', funda-

cionis, incepcionis, contiuuacionis, et regiminis, fratcrnitatia pre-
dicte, \'t in rotujo huic cedule annexo plenius coutinetur; facturi
ct recepturi inde quod per concilium domini Regis ordinari con-

tigerit, juxta formam cujusdam proclamaciouis inde facte in
ciuitate predicts.
These ben ]^ poynt^ and \>e articles ordeyned of the brethercn

ordtaaaeH of Um
gOd:- of seint Katcriue in the cite of Londoue, the whiclie is foundcn
in the chirche of seint Botulf with-oute Aldrichesgate.
OftUi on mtrr, The furste poynt is this, J)at whan a brother or a suster schal
od a kiM of love,
rhanlj, ftcd be resceyued, |)at |>ey schul be swore vpon a book to \>e brothcr-
hede, for to holde vp and meyntene |>e poynt} and the articles
)>at be write after folwynge, eche man to his power, sauynge his
estat ; and ))at euericb brother and suster, in tokenynge of loue,

charite, and pes, atte resceyuynge schule kusse eueri other of j>o
j?at be j>ere.
WMklj help in Also, 5if it so befall c |>at any of ]>g bretherhede falle in pouerte,
povtrty, old aB,
rttkiMM , or low or be anientised thonv} elde, )>at he may nat helpe hym-self, or
bj flreor umlcr,
Ac thorw3 any other chaunce, thorw fyr or water, theues or syk-
CCCIX. 9. Condition, fau:.

GILD OF ST. KATHERINE^ ALDERSGATE, LONDON. 7
nesse, or any other hai)pes, so it be nat on hym-selue along,

tliorw^ his owne "Nvrecchednesse, J)at he schal haue, in J)e wyke,
xiiij.c?.
Also, ]jat what man is take in to be brother, schal paie to ])e Payments by
bretheron and
almesse, at his entre, as ]>e maystres and he mowe acorde ; and sisteren.
eueri quarter, for to raeyntene ]?e li3t and ])e almesse of ]>e bro]?er-
hede, iij.cZ. And 5if he haue a wyf, and 3he wil be a suster, jân
schal he paie six pans for hem bothe in ]>e quarter, |>at is, ij.6\ in
the 5eer : and 3if a sengle womman come in to \>e brojêrhede, paie
as a bro])er do]?.
Also, that alle the breberen and sustren of be foreseid ffrater- Members of the
gild shall go to
nite, schul assemble to-gydere in the chirche of seint Botulf church, and
afterwards choose
aboue seid, in J)e day of seint Katerine, and jjere a masse here, officers.
and offre in \>e worschepe of here : and also at after-non |)e same
day, or ]?e nexte sonday folwing, schul be to-gydere to chese here
maistres for ]>e nexte êer folwynge.
Also, what tyme jjat a brother is ded or a suster, that they Buria's shall be
.
1 ro 1 1
attended.
w* hem on the morwe, vpon
J.
come to ]>e dirige and oiire ]>e oth

aboueseid, but he haue a resonable cause to be excused.
Also, îf any brother deye, bat hab nou^t of his owne to be Thegiidshaii
bear charge of
beried withe, 5if it may so be ataken, ]>anne schal he be beried burials,
w* J)e moneye of jie comune box.

Also, 5if it so befalle bat any of rbe breberen falle syk x. myle Any brother
-* \ J r J J
(jyjg within ten
eche weyes aboute Londone, and deye })er, jjat îf Jje wardeyns of ""i^^ round
jjat 3eer be of sent after, jjat |)ey schul wende and fecche hom ]je jj^^
worshipful
body to Londone ; and J>at alle ]?e bre]?eren schulle be redy at
here warnynge, and go a3ens J)e body, w^-oute jje cite townes
ende, for to bringe Jje body in to Jjc place })ider withe worschepe,
als he schal be brou3t vpon her charge aboue seid, but he haue
a verrey enchesoun to be excused.
Also, ^bat alle be costa^jes
that be mad aboute hym be mad ah costs thereof
^_ ^
^ sliall be made
good of ])e box, 3if he were nat of power to paie J)erfore hym- good by the giid.
self; and 3if he were of power, lete his executors paie |?erfore
hem-self : but how-so it befalle, \'^ \q costages of ))e wardeyns

be maad god of |)e box.
Also, 3if cas fallcthe jât any of |?e brotherhede haue iiede for Loans to giid.
S OILl) or irr. KATHEniNB, ALDKR80ATK, lX)SDOV.
to bonrc a cvricm of whicr, jwt [h\v ;;i) to \u kipcrcs of )c box,
and take ^t he ha)> nctio, so |>at )>o Romnic lc imt ho moche y

oo may be eed as wri ns nn ojkt, and ))at |>ey Icyc a Kuftisaunt
wed, or elles fyn<lc suffisaunt borwes of |h^ ln|>(.'rlje(lc.
WMliAtiiaW Abo, ^t )>or kIiuI I>e founIc v. tupres rouixle, the wightc of
mammmmmi. xx.fi. of wcx, for to ben ilijt on heyc fcstc daycs, alio v. atte alio
|>c hnures of )>e day, in worschopc of g()d, and of his nnxhT

maiden mario, and 8cint Kat*rine [)C gloriousc virgine and
mart^T, and of alle liahvcn. And on sondaycs and on otiiero
jmplc fcstes, two scliul be li3t of \>c fyue tapres atte hei^c
masse. And 3if it so bifallc |>at a symple ])rother dye, j>at may
nou^t fynde hpn-selue no li5t, jiannc |)0 v. tapres schul be mad
newe, and set aboute }>e body, and J)C torches also ; and wh;ni
any brother is ded, that he haue \>o torches redy to brynge liym
withe to cherche îf nede be.
rmtbarttrriem Also, whan a brother or a suster is deed, the warde}Tis schul
aflvtfMib.
warnc |>e frere menoJ^s that they come to ]>c place j>er he schal be
beried, and seye |>er a dirige, and on |>e morwe to seic a trent
of masses atte same flfreres; and \>e wardeyns schul paie hem for
here trauaile.
H-iMHn by And ]>at no brother schal be resceyued but vpon \>e day of
oure assemble, at al )>e companyes assent.
rtovMHAAD Also, J>er schul be foure sufhsaunt men for to kepe ]>e catel
tktdQd. kod wel and suflfisauntly ; that on to kepe ))e box, an-other jê keye,
ymrty. and J)at o}>er two schul resce^Tie ]>c seluer for j?e quarterage ; and
]>G foure schulle trewely îue vp here acompte vpon seint Katerinc
day, byfore al j>e brejjcren, or elles before sixe of ]>e wisest men
)>at ben to \>e catel and to ]>e companye forseid.
Also, ))at ]?er schal non of |)e wardeyns make none ncwc
gMloww
statutes ne newe ordinances w*-oute assent of alle J>e bretherhede,
and j)at it be don on |)e day of here asseml)le.*
GoediortlMfBd. And to J>is brejjerhede ]>ey haue a vestement, a chalys, and a
massebok, pris of x. marks.
This paragraph ia distinguished, in the original, by a strongly marked

cross at the side, clearly for the purpose of marking its importance.
;
III.
[Gild of Sts. Fabian and Sebastian, Aldersgate,

London.*]
hese ben ]>e poyntes and }>e articles ordeigned of the brother- Ordinances of the
T heed of seint ffabian and Sebastian in the Cite of Londone,

]?e whiche is founden in jje chirche of seint Botulf with-oute
Aldrichesgate.
-^ . . . ^ . ., .. Johannes Dancastre, lymenor. Names of the
Maoîstn
"O'
iiraternitatis ^
, .
. . Masters.
Ricardus Spaigne, pelliparius.
The furst poynt is this ; that whan a brother or a suster schal oath on entry,
and a kiss of love,
be receyued, bey schul be swore vpon
^ '
a book to *be brotherhede, charity, and
^
peace.
for to holde vp and meyntene the poyntes and the articles J?at
be write after folwynge, eche to his power, sauynge his estat

[and] })at euerich brother and suster, in tokenyng of loue and
charite and pees, atte resceyuynge schul kisse ojjer of \>o J)at
ben J)er.
Also, iif it so bifalle that any of the brotherhede falle in Weekly help in
poverty, old age,
pouei-te,' or
^
be anyentised thurw2'-^
elde,' that he may-^
nat helpe sickness, or loss
[ hy fire or water,
hym-self, or thurw3 any other chaunce, thurw^ fyr or watir, ^'^^
theues or syknesse, or any other hap, so it be nat on hym-selue

alonge, ne thurw5 his owne wrecchednesse, he schal haue, in \>e
wyke, xiiij.d And 3if it so befalle jjat he be ông ynow5 to The young to be
werche, and he falle in meschef, and |)at it may be take ]?at he work.
ne hath nou5t of his owene to helpe hym-self withe, that the

bretheren helpe h3Tii, eche man w* a porcioun, what his wille be,
in wey of charite, sauynge his estaat.
*- CCCIX. 10. Condition, fair, excepting some lines at the end.

10 CILD or STS. KABIAN AND HKIIA8TIAN,
Alo )t curri miui Hcluii |<io, ttc iVui-htc coinynjjp in to the
hrtt!urhcilc. Imlf a inark. aiul iij.*/. tuiri (luurtrr, to incyntcno )h3
li;C of \tc bntluTl>olo ami |h' alnK'H.se ; unci jif |k' inun >vil liaiio
luH wvf A sustor, |an Hclial |>* paioinciit Htoiule for \\vu\ bothc,
anil jhe to jmie in Jh^ ijuortor otlicrc iij.(/., that is, two BchillingcH in
be ^r for hem bothc And îf a sengle woninuui conic in to
the brvtherheile, 5hc schal paic no liusse |)aii a brother doth.
Alst, J>at eucry brother and suster schul be boxoin, und come,
whan \>cy be wanie<l, to a ccrtt'yn place whider |)at |)ey be
MsigntHl, foure daycs in tlie 5ecr, vpon the oth }>* |)cy hnue maud,
and on }>e pcyne of xl.(/. to paic to |)c ])ox ; und })is scliul be pi vne
for alle niancre defautes \n\t |)e brej>crcn falle inne. And j>ese Ittn
^ foure dayes of oure assembles :

The day of seint ffubian and
Sebastian princpaliche, herynge a masse of |>e foreseid seint3, and
offre in worschepe of hem, on \>c peyne forscid. The seconde
day, }>e sonday next after Pask. And j>c sonday next after mis-
Bomer day. And \>q sonday next after michelcs day. Vpon \>e
peyne afore-seid, but he hauc a verrey enchesoun whcrfore j?* pcy

mowc be excused.
Burteb rfl] l-c Also, what tyme }nit a brother is ded, or a suster, that they
come and offre with hem, whan \>cy be warned to come, vpon |>e
foreseid peyne, but 3if he haue a verrey enchesoun to be excused.

Also, jif any brother dye ]>at hath nou3t of his owenc to be
borkk. beried with, 3if it mowe be so ataken, }?anne ))at he be bcried of
)>e comune box.
Thon47taf Also, îf it befalle |>at any of \>e bretherhed falle syk x. mile
viUila U
eche weycs aboute Londone, and deyeth there, that 3if \>e war-
bcfctdwd
oLmdoo for deyns of )>at 3eer ben sent after, jjat they schul wende and fecche
)it body to Londone, and that alle ]>e bretheren be redy at here
wamynge, and go a3ens \>e body w'oute jjc citees ende, for to
bringe \>e body in-to \>e place w* worschepe J/ider, as he schal

be brou3t vpon |>e fore-seid peyne. And )7at |>e costages aboute
hym be mad good of \>e box, 3if he were nou3t of power to paie
J>erfore bj-m-selue ; and 3if he were of power, lat his executo'^s
paie J)erfore hem-self : but how-so it falle, jjat \>e costages of }>e
wardeyns be mad good of ]>e box.

ALDEllSGATEj LONDON. H
Also, 3if caas fallethe ];at any of ]>e brej?eren haue nede to borwe Loans to giid-
- , . bretlieren out of
r 1
a certein oi seluer, that J)ey go to keperes of )>e box, and take tiie giid-stock. on
pledge or surety.
what he hath nede oi, so jjat )>e somme be nat so moche J>at on
may be esed as wel as an other, and ]?at ]>ey leye a suffisaunt wed,
or elles fynde suffisant borwes of \>e broj>erhede ; and |>at non
o]jer borwe non ]jerof but of J>e same brotherhede.
Also, )?at J)er schul be founde vij. tapres rounde, the wighte of wax lights to be
,
IT
xxj.a. wex, for to be li3t
1
rv
on hei3e neste dayes, all seuene at alle
found, and used
at times named.
houres of ]>e day, in worschepe of god and his moder marie, and
seint ffabian and Sebastian, and of alle halwes; and on sondayes
and on othere symple ffestes, two to be li3t of Ipe taperes at ]?e
hei3e masse. And 3if it so befalle J)at a symple bro))er dye, J>t
may nat fynde hymself no li3t, J>anne J>o vij. tapres schul be mad
newe and set aboute J)e body, and Jê torches also ; and whan
any bro|>er deie]?, J)at ]>ey haue ]?o torches redy to bringe hem to
chirche 3if nede be.

Also, 3if any of ]>e brejjeren be alosed of j)efte, or a comune iii-behaved
bretheren shall bo
conteco'', or of any o]?er wykked fame, wherfore jjat \>e companye put out of the
is apaired by, |)at with-oute any delay ])at J>ey be put out of j?e
bre];erhede.
Also, bat no brober schal be resceyued but on be dayes of oure Entry of new
brccheren.
assembles.
Also bt foure gode and trewe men schul kepe be catel longynge Four men shaii
keep the goods of
^^ rj7
to be companye, and trewelv îue vp
J y tr
here acounte ybe day J of
the giid, and
render an account
seint ffabian and Sebastian byfore alle jje bre))eren, or elles sixe yearly.
of J)e wiseste of ))e same bretheren ; and eche 3eer J)e foure schal
be chaunged, but it so befalle )>at J)ey be ]?e more profitable to jje
companye.
Also, bat ber schal non Wardeins make non newe statut3 ne Assent of aii the
gild to new
newe ordinance w^-oute assent of alle J)e bretherhede, and ]?at ordinances.
it be don on on of Jje foure dayes aforeseid.
De bonis et catallis eidem ffraternitati pertinentibus. Goods of the giid.
In primis, duo vestimenta et unum calicem et missale. . . .
Item, vnum xiiij.5.
Item, in auro et argento in pixide xiij.5. iiij.(/.

12 OIU) OF 8T8. FAUIAN AND SEBASTIAN,
Onii.llim nirinti fitlolibus nl i[\u>!^ proftcns Bcrintum pcnic-
ncrit, Julmniu'^ ile Thurntonc, ciuis Loudunic, ct Jolmnim vxor

cjiiA. vxor quoiuliun Johannis tic Thame, ciuiB ct Hatter I^)n-
donic, ftc executrix tet4imenti pretlicti JolianniH do Tlinme,
nlutcin in domino. Cum predictus Johannes dc Thanir, in
tettamento sue, prohato, proclamato, ct irrotulnto, in luiHtengo

Londonic de placitis tcrrc tcnto die Lunc proxima post ffestum
ADcti Iîmahe apostoli, anno rcgni Regis Edwardi tcrcii post
oon<|uestum vicesimo tercio, legaucrit totum ilhid tcnomontuin

Buum cum pcrtinentiis, quod pcrquisiuit de domino AVilklino
Lothcwvk, Milite, in parochia sancti Botulphi extra Aldrcsgate,
Londonie, Margarete filie sue, et hcredibus de corpore ipsius

Margarete legitlime procreatis, volens vlterius ct legans in eodem
testamento suo quod, si predicta Margarcta obierit sine herede
de corpore suo legitlime procreato, quod tunc predictum tcne-

mentum cum pcrtinentiis venderetur per executorcs suos. Que
quidem Margarcta, sine herede de corpore suo legittimc procreato,
jam mortua est. Noueritis nos prcfatos Johanncm dc Thomtonc

ct Johannam vxorem ejus, virtute ct auctoritatc testamenti pre-
dicti, vendidisse, conccssisse, ct hoc presenti scripto nostro con-

finnasse, Stephano Vant, Bookbynder, ciui Londonic, Johanni
de Bokkynge, Webbc, ciui Londonie, Philippo atte Vyne, Cap-
pere, ciui Londonic, et Ricardo Lincolne, Hattere, ciui Londonic,
totum predictum tenementum cum omnibus suis pcrtinentiis,
habendum et tenendum eisdem Stephano, Johanni de Bokkynge,

Pliilippo, et Ricardo, heredilms et assignatis corum, de capita-
libus dominis fcodi illius, per seiniicia inde debita et de jure con-
Bueta, imperpetuum. In cujus rei testimonium, huic presenti
scripto nostro sigilla nostra apposuimus :
JohannePhilippot,tunc
Majore ciuitatis Londonic ; Johanne de Heylesdoun ct Willclmo
Baret, tunc Vicecomitibus ejusdcm civitatis ; et Rogero Elys,
tunc Aldermanno illius wardc. Datum Londonie, primo die
Octobris, anno regni regis Ricardi secundi post conquestum
tertio.
wfyr'hu Uj.a.4. Tcncmcntum predictum valet per

i
annum vij.
o
marcas. Vnde
-%ar. te quit
rwtofn^.a-vear; rcscruatur, de quieto redditu, annuatim, xiij.s.
ALDERSGATE^ LONDON. 13
Et tcnementum predictum est in manibus feoffatorum pre- the profits of

,., . T-i--r'
dictorum, quousque imposterum, per licenciam domini Kegis,
which are applied
in aid of the gild.
ad opus predicte Gilde siue fraternitatis, poterit amortizari ; et
iidem feoffati, ex deuotione sua, quando eis placueritj soluunt

redditum tenementi predict! in auxilium manutenendi lumen,
et eciam pro emendacione vestimentorum predictorum, et in
aliis operibus divinis et elemosinis, prout in hac parte melius
viderint expidire.*
Each of the three paragraphs of this indorsement is written in a

*
differenthand and ink from the others. No doubt the reason of this
was, that a different officer of the gild made each separate entry, taking
it from such documents as were in his separate possession on behalf of
the wild.
14
IV.
[OiLD OF St. ^fAHY.l NOHWICIIF..*
fkiBlM Tn Dei nomine, amen. And in liono^ of oure leue<li Rcintc

*- marye, cristos niodcr of licucno, and alle liahvyn, |>c or-
denaunces off ccrtcyn jKTsonos woryn be-gunncn in ye Cite of

Norwyche, in yer of grace a tlionsando thre liundied and syxti, 3e
êr of regne of kyng Edward, )>c thridde after ))C conquest,
*{tk.) xxxiiJ., and j)erj)etueli scha^ btn holdcn, in jjc hono"" of oure
lady 8e}'nt niarye, cristes moder, at pe beye autcr in jjc ffrere
Prechours of Nortwyelie.
Tbus it is ordeyned : \)&t alle \>e bretbcryn and sistyn of jjc
gjdde, als longe as xij. persoues of bem lyuen, \>ei scbullen

offer}-n a candel and to torcbes of wax and |>is
; ligbt |>ey ban
hoten and a- vowed to kepen and nieyntenen, and jjese o}>cre
ordenances })at ben vnder wreten, vp-on bere power and dili-
genee, in wjrscbipe of crist and bis moder ; and \>e to torcbis

scbullen ben of xl. lib. weygbte ; and alle \>q bretbren and
fiisterin scbullen offerjn ))is candel and ]>e to torcbis, eueri ^cr,
\>e Sunday aftir ye natiuite of (mre lady, and berin bere messe
at ye beye auter atte selue frcre precbours ; and eueri brotber
and sister offtrin an ob. wytb bere candel and bere to torcbes,
in bono*" of ye boligost.
And ye to torcbis, eueri day in yc âr, scbullen ben ligbt and

brenn}Tige at ye beye messe at selue auter, from ye leuacioun of
crist is body sacrid in til j>at ye preest baue vsed.
t Tliys ben ye names of J>e men yat ben maystres and kepers
of \>e gyld :
ofttM Johannes Brocke, webster ^ And yis men ban

Henricus Wyld > in kepynge for ye
Jobannes Hotere J same ligbt, xl.d.
CCCX. 17. Condition, fair.

+ What foll(,w8 is in another hand and ink.

15
V.
[Gild op St. Botulph,] Norwic'.*
xcellentissimo principi et domino, domino nostro Ricardo, The Wardens of
E '
del gratia Regi Anglie

'^
^
et
^
ffrancie,
^
ac consilio
^
suo
^
in return.
make a
the gild
Cancellaria sua, sui humiles ligei, Custodes fraternitatis sancti

Botulphi Abbatis in ecclesia sancti Botulphi, Norwici, om-
nimodam subjeccionem ac reuerenciam et honorem. Virtute
cujusdam proclamacionis, per vicecomitem Comitatus Norffolchie,
apud Norwicum, de mandato regio nuper facte, vestre celsitudini
nos prefati ligei vestri, juxta formam proclamacionis predicte,

certificamus, quod nostra fraternitas predicta anno Domini The gild was
. .
begun A.D. 1384.
millesimo cccô octogesimo quarto fuerat incepta, ob honorem
sancti Botulphi Abbatis, et luminis augmentum in ecclesia
predicta singulis diebus ad missam ibidem dicendam continue

sustinendi, sub certis ordinacionibus factis, quarum quidem The ordinances,
tenor sequitur in hec verba ;
In nomine sancte Trinitatis, patris et filii et spiritus sancti,
ac sancti Botulphi Abbatis, et omnium sanctorum, Amen.

In ye begynnyner
^ &J J t> it is ordeynede,
J yat Jyis fraternite shal be The
J f
giid shall be
jjgj^j on the Suu-
holden, at ye Chirche of seint Botulphe forsayde, on ye sonday <ây "^xt after
next folowande ye Epiphany of oure lorde, ande yer ofFeren

here Candel deuouteliche ; and euery brother and euery sister
shal offeren a ferthynge at ye messe w^ ye candel ; ande ye

bretheren and sisteren yat bene absent, shul payen a pounde
of wax to ye light.
Ande also it is ordeynede, yat alle ye bretheren and sisteren Next day, they
shall have a mass
of yis fraternitee shul comen, on ye monday next folowande, to of requiem.
* CCCX. 1 8. Condition, fair.

10 OII.D OF 8T. DOTl'LPH, NOnWICII.
je Chiixbo funwyde, ami yu liauc a messc of iKiuirm fur allc
criflen toulca, vp yc |H'yu foreeydc.
Ande also it is ordoyucdc, yat when a brother or sister dcyethe,
alle yc brcthercn and yc sistcrcn of yis fraternitcc shule comen

to ye Dirigc and to nicRSc ; audc eucry brother and eucry slater
shul offre a ferthyng, and ycueii a fntliyng for hnie of godd,

a j>cny to a mease for yc soule of yc dcde ; and he shal haue,
of yc bretheren costes, two tt)relic8 and two candels brcnnand.

And also it is ordeynede, yat what brother or sister of yis
fniternitec fidle in iwuert, cuery brother and sister shal yeueu yc

|>ouer brother or eyster a ferth}'ng in ye woke.
Oooôrih* Et quo-ad bona et catalUi fraternitatis predicte, eidcm ccl-
situdini vestre similiter significamus, quod nos, prefati Custodes,
haWmus in custodia, ad opus dicti luminis sustentandi, xxvj.y.

viij.t/. argeutl In cujus rei testimonium preseutibus sigilia
nostra apposuimus.

17
YI.
[Gild of St. George,] Norwio'.*^
xcellentissimo principi et domino, domino nostro Ricardo,

E dei gratia Regi Anglie et ffrancie, ac consilio suo in
The Wardens of
return.
Cancellaria sua, sui humiles ligei, Custodes fraternitatis sancti

Georgii Martyris, in ecclesia Cathedrali sancte Trinitatis Nor-
wici, omnimodam subjeccionem ac reuerenciam et honorem.
Virtute cujusdam proclamacionis, per vicecomitem Comitatus
Norffolchie, apud Norwicum, de mandato regio nuper facte,
vestre celsitudini nos prefati ligei vestri, juxta formam proclama-

cionis predicte, certificamus, quod nostra fraternitas predicta anno
domini millesimo ccCô octogesimo quinto fuerat incepta, ob The gild was
honorem gloriosi martyris sancti Georgii, et luminis augmentum

in ecclesia Cathedrali predicta singulis diebus ad magnam
missam ibidem celebrandam continue sustinendi, sub certis
ordinacionibus factis, quarum quidem ordinacionum tenor se- The ordinances,
quitur in hec verba :
In nomine sancte Trinitatis, patris et filii et splritus sancti, ac
gloriosi martyris sancti Georgii, et omnium sanctorum, amen.

In ye begynnyng it is ordeynede, yat euery brother and The day of
sister of this fraternitee shullen halwen euermore ye day of be always kept,
seint George, and heren ye seruice of bothe ye euensonges

and messe, and preyen for ye sisters and ye bretheren of yis
fraternitee, and for alle trewe men yat trauaillen in ye kynges
viage.
Ande also it is ordeyned, by comoun assent, yat ye forseyde and offerings

be made ou that
bretheren and sisteren shullen offeren a candel brennande m ye day.
* CCCX. 35. Condition, good.

Ig OILD OP ST. GKOnOK, NORWICH.
ftinmytlc Cliirihc, on yo day of nvyul Gvov^v in yc woi-Hhcpc
of M-iut Ocorgo, by-fur ye Trinitoc. Amie ye Kume <liiy yci
kul bene at ye ChaiiiidrlorH l>y pryinc of ye day ; and yut

bene abecut hIiuI jmyen a poundc of wax to yc light ; aiido
mory brutlicr ami eiiery Bister shall offereii an halfpcny at
yc nio*o w* ye candcl.
Andc also, yat euery brother and sister, on ye next day efter
cint george day, shul comen to ye forsay*!*' Chirche by prynie,
and ycr do synge a nicssc of Ilrciuicni for alle Cristen soules,
vp ye peyn foi-se}de.
Andc also it is ordeynede, yat wlun a lnotlier or a syster dey-

ethe, alle ye brctheren and sistcren of yis fratcrnitcc shule comcu
to ye Dirigc and to ye messe, andc euery brother and euery sister
shul offoren a ferthyng, and yeuen a ferthyng for ye soule of
ye dcde, andc a peny to a messe ; ande of yat siluer he shal haue

two candels poysand vj. pounde of wax.
^^ :
I' And also it is ordeynede, yat what brother or sister of yis
fraternite falle in pouert, euery brother and sister shal i)ayen, in ye
woke, to ye kepers of yis fraternite, a ferthyng ; of whiche siluer
ye pouer brother or sister shal haue, in ye woke, viij.c/. ; ande

ye siluer yat leueth, shal gone to ye makynge of ye Image of
seint George.
OooiiofttNgOd. Et quo-ad bona et catalla fratcrnitatis prcdicte, eidcm cel-
situdini vestre significamus, quod nos prefati Custodes habenms

in custodia, ad opus dicti luminis et dicte ymaginis sancti
Georgii faciendi, xl.s. argenti. In cujus rei testimonium, pre-
seutibua sigilla nostra apposuimus.

19
VII.
Featernitas sancte Katerine, Norwic'.*
orwic*. Excellentissimo principi et domino, domino The wardens of

N' nostro Eicardo, dei gratia Regi Anglie et ffrancie, ac
make a
the gild
return,
consilio suo in Cancellaria sua, sui humiles ligei, Custodes cu-
jusdam fraternitatis sancte Katerine virginis et martyris, in ec-
clesia sanctorum Simonis et Jude in Norwico, omnimodam subjec-

cionem ac reuerenciam et lionorem. Virtute cujusdam proclama-
cionis, per vicecomitem Comitatus NorfFolcliie, apud Norwicum,
de mandato regio nuper facte, vestre excellencie, juxta formam
proclamacionis predicte, certificamus, quod nostra fraternitas
predicta anno domini millesimo cccô septimo,

^ per quosdam The gild was
^ ^_ begun A.D. 1307.
parochianos dicte ecclesie, et alios deo deuotos, fuerat incepta,
ob lionorem sancte Trinitatis, beatissimeque virginis marie, ac
sancte Katerine virginis et martyris, et omnium sanctorum,
luminisque incrementum in ecclesia predicta continuandum, sub
certis ordinacionibus communi consensu fratrum et sororum
fraternitatis predicte editis et factis ;
quarum quidem ordina- The ordinances.
cionum tenor sequitur in hec verba :
In ye befi^ynninge Aii the gild shall

'f ^' o w* one assent it is ordeynede,
^
yat
^ J
alle
go in procession
ye bretlieren and sisteren of yis sjilde
^ JO sliul comen to-sreder
o to ye
"^
on the day of
St. Kathenne,
and make
paroclie
*^
chirclie of seynt
J
Symond
J
and Jude in North wiche, ' mgs,
offer-
on ye day of seynt Katerine, for to gone witli processioun w*

her candel, ye whiche be born be-forn hem, ande to heren ye
messe of seynt Katerine in ye forsayde chirche ; ande at yat
messe euery brother and sister shal offeren an halfpeny.
Ande also it is ordeynede, yat what brother or sister be Penalty on any
then absent.
absent at ye processioun forsayde, or at messe, or at offeryng,
*'CCCX. 40. Condition, general!} fair; but bad along one side.
so OILIl OF HT. KATIIKIIINE,
lie hiuill pyrn to ye cnU-1 of yc piUli' ij. ixnin.lf of wax, Imt
yri mowon bone exi'UHC<l rHnftlK'ly.
AiuU' hIiu it in inlo)iK*<le, yat when a lirollar or Kister Ih
cJetle, euerj- brother and sister shul come to Dirijê and to niesHe;
ndent 3'e mense, cueriehc hIijiI ofTeren an hal-peny, andeyeuen an

hal-i>eny to ahnesse ; andc for a niesse to be songen for yo soulc
of ye de<Ie, a peny. Ande at yc Dirige, cuery brotlier and siHtcr
yat is K'ttere<le shul seyn, for ye soule of ye dcde, phicebo and
dirige, in ye place wher he sliul comcn to-geder ; ande eucry

brt>ther and sister yat bene nouglit letterede, shul seyn for ye soule
of ye dfde, xx. sythcs, ye pater noster, w^ Auc niaria ; ande of
ye catel of ye gilde shal yer bene two candels of wax, of
xvj. pounde weight, aboute ye body of ye dede.
AayteoUMrajtfiff Aude also it is ordevnede,
.
yat
J if eny
J brother or sister devf
j
vtihln M0bl mil** y
tehraHdbfto^
oute of ye Citee of Northwiche wînne viij. mile, yat sex of
orTtimtu'w'' y^ bretheren yat ban ye catel of ye gilde in kepyng, shul wcnden

hall
farhto to yat brother or sister yat is dede ; and if it be lefulle, he
shul done carien ye^ Norwiche, ande elles be beryede yer ; ande
(#fc.)
if ye body be beriede oute of Norwich, alle ye bretheren and

sisteren shul bene warncde to comen to ye forsayde chirche
of seynt Symond and Jude, andc yer shal be done for ye soule
of ye dede alle seruice, light, and olFeryng, as ye body were yer
present. Ande what brother or syster be absent at placebo and
iJirige, or at messe, he shal payen two pounde of wax to yc
catel of ye gilde, bot he be resonablely excusede. Ande ncuor-

yeles he shal done for ye dede as it is seyde a-forn.
On the morrow of Ande also it is ordeynede, yat, on ye morowe efter ye gilde
STklmiJ' ^^3' ^^^^ y^ bretheren and sisteren shul come to ye forsayde

chirche, and yer done syngen a messe of Kcquiem for ye bretheren
and sisteren soules of yis gilde, and for alle cristen soules, and
euerieh yer offere a ferthyng. And who-so be absent, he shal
payen a pounde of wax,
JjjJJ'^P**^ Ande also it is ordeynede, yat if eny brother or sister falle in
pouert, thurghe auenture of ye werld, his state shal bene holpen,
of euery brother and sister of ye gilde, w^ a ferthyng in ye

woke.
'
NORWICH. 21
Ande also it is ordeynede, by comoun assent, yat if eny discorde rn case of quanei,
the matter shall
be bytweu bretliereu and sisteren, first yat discorde shal be be laid before the
shewede to other bretheren and sisteren of ye gilde, and by hem

acorde shal be made, if it may be skilfully. Ande if he mowen
nought bene so acorded, ithem to gone to ye
shal be lefulle to
comoun lawe, w'ôuteu eny meyntenaunce. Ande who-so do

ayein yis ordenaunce, he shal payen two pounde of wax to ye
light.
Also it is ordeynede, by comoun assent, yat what brother of rie on re'usai to

talce office.
yis gilde be chosen in to office, and refuse it, he shal payen

iij. pounde of wax to ye light of seynt Katerine.
Also it is ordeynede, by comoun assent, yat ye bretheren and a

^
livery hood shall
' *' 7 ./ ^ be worn and all
;
siiau dine to;,'ether

sisteren of yis gilde, in ye worshepe of seynt Katerine, shul
han a lyueree of hodes in suyte, and eten to-geder on her gilde
day, at her comoun costes ; ande who-so faile, he shal payen
ij. pounde of wax to ye light.
Also it is ordeynede, by comoun assent, yat no brother ne Admission of

new-comers.
sister shal be resceyued into yis gilde bot by ye Alderman and
xii. bretheren of ye gilde.
Et quo-ad bona et catalla dicte fraternitatis, eidem excellencie Goods of the gild,
vestre similiter significamus, quod nos, prefati Custodes, habemus

in custodia, ad opus dicte fraternitatis, xx.5. argenti.

22
Vlll.
NoRWic*: Fratekmtas aANCTi CnnisTOFORi.*
Certificacio in Canceliaridy per M<t<jistnui luulul/nui NekUme.
TWWar^HHor T7xcellenti>i8inio principi ct domino, domino nostro Ricardo,

rauuB. -*-- dei gratia Kcgi Anglie ct ffrancie, ac consilio suo in Can-
cellaria sua, sui humiles ligci, Custodes cujusdam fratcmitatis

sancti Cliristofori martyris, in ccclesia fratrum ordinis sancti
Augustini in Norwico, omniraodam subjeccioncm ac reuerenciam
ct honorem. Aîrtute cujusdam proclamacionis, per Viccconntem
Comitatus Norffolcliie, ajmd Norwicuni, de niandato rcgio nupcr
facto, eidem excellcncic vestre, juxta formam proclamationis prc-
dicte, certificamus, quod nostra fraternitas predicta anno domini

TiMgfldwM millesimo ccc^ octogesimo quarto fuerat ex deuotione fundata,
ob honorem sancte Trinitatis, patris et filii et spiritus sancti, et
sancti Cliristofori martyris, sub certis ordiuacionibus consensu

communi fratrum et sororum predicte fratcmitatis factis ;
quarum
quidcm ordinacionum secûitur series in hec verba :
1 ' vice* In ye worshepe of ihesu crist, ande of his dere moder, and of
scynt Cristofere ye holy martir, and alio holy halwen, deuoute-
liche we begjnnen yis fraternite by yes ordynaunces vnderwriten.
prtrwfrjT Id yc bcgynuyng, we shul preyen deuoutely for ye state of
holy chirche, and for ye pees of ye londe ; for ye pope of Rome
'-

'
' '
; '. and his Cardinals; for ye patriak of Jerhusalem ; for ye holy
Jj
' londe and yc holy crosse, yat godd for his myght and his mercy
1^;' .\ .^ l.T*' '*0'"l? i* <ûte of hethen power into reule of holy chirche, ande
;it godd of his mercy make pes and vnytee in holy Chirche;
CCCX. 66. Condition, three parts fair ; reniaindei- bad.

GILD OF ST. CHRISTOPHER^ NOUWICH. 23
ande for Erchebisshopes and bisshopes, and specialy for oure

alle craftsmen,
widows, inaiflens,
^ ' 1 1 r
i-vT n
i
bissDope of rs orwiclie j for alle parsones and prestes, and alle ordres ^^'^'^s, common.
shipmen,
alties,
of holy chirche, yat godd of his mercy saue hem and kepe hem, P''grs, unbe-
body and and Jyeue heme n ^"^

'
soule,7 cfrace here, ordre to kepe,
I
and so J y
ff^'^^p'
thcrs souls,
'";
and
of
to reule holy chirche and mannes soule yat it be to goddes wor- ^""^ ^^^ t'''s S'l'^-
shepe and saluacioun of here soules and to alle cristen men ; for
oure lorde ye kyng, for oure lady ye qwen, Duckes, Erles, Barouns,
and Bachelers of ye londe, yat godd of his grace sauue hem and
kepe hem fro dedely synne, and yeue hem grace, ye Roialme and
holy chirche and here owen soules so to reulen and kepen yt it
be worshepe to godd, and to alle cristen men saluacioun ; for alle
knyghtes, squyers, citeênis and Burgeys, fraunkeleyns, and alle

trewe tyliers and men of craft, wydoues, maydenes, wyfes, and
for alle ye communalte and cristen peple, y^ godd of his mercy
sauehem and kepe hem y*^ in yis werld leuen w* treuthe, and
yeue hem grace so to done yat it be worshepe to godd and sal-
uacioun to here soules ; for alle trewe shipmen, and trewe pil-
grymes, y* godd for his grace yeue hem wederyng and passage,
yat yei mo wen sanely commen and gone ; for ye fruyte of ye londe
and of ye see and ye wederyng; for alle ye men y'^ bene in

fals beleue, and wolde bene in goode beleue, godd yeue hem grace
to comen to her desir ; for oure faders soules, and moders,
bretheren and sisteren, and for alle ye bretheren and sisteren of
yis gilde, and for alle cristen soules : amen.
Ande also it is ordevnede, yat yis bede and preyer shal bene Tins pmyer siiaii
reherside and seyde at euery tyme yat ye alderman and ye meeting.
bretheren bene togedere.

Ande also it is '*'*'
ordevnede, by ye bretheren and sisteren of yis '
îie gii^-day shall
be on the Sunday
^
holden ye day of her fraternite, euery yher,
glide, y* yei shulle
gf Christopher*
on ye sonday next a-forn ye feste of seynt Cristofore ; ande on ye
same day yei shulle offren a candel of fyue lightes, brennande
aforn ye heye Auter in ye freres Austyns of Norwiche ; ande yei
shule eten to-geder on ye same day, on her owen costes.
Ande yis is here entent,' to make non ordinaunce in prejudice ^^ ordinanceshaii

^ ^ -^ be against the
ne lettyng of ye comoun lawe, but only in worshepe of godd and connnon law.
seynt jcristofore, and norisshyng of loue and charitec.

^4 OUJ} OF 8T. CIIKISTUrilKU^ NUKWK II.
x^mtij mmtmot Aiii- -- li IX on1rrTic<!o, yut vuvry >lur, on yv. iiKimlay next
"'l^ cfur u- M'luliiy of lior offcryn;^', yv'\ slml hoiio ulle tt>-j;etKrr in yo
anic plnoc, aiul hiiuc a incKtic uf llcquiciu, uiul cucriche uflVc a
fcrtllyll^' for allc cristcn soulea.
Also it is onloyncd, yat on yo tiny of yo scpulturo of cny

4IWO
brother or 8}-8tcr of yis gildc, y' cucrycho offre a fcrtliyng, nnd
yciicn an hnl|>ony to nllcmesse, antic a])outc yc (U'dc ij. cnndrls of
viij. |xundc of wax ; andc two pouerc men shiil lonc hircde of
ye alniesse silucr, to holdcn yc torc-lics nboutc yc <lcdc.
Bif topoar Andc nlso it is ordeyuedc, vat ylief cny brotlicr or sister of yc
glide falle in poucrtc or myschcf, by auenturc of ye werld, cucry
brother and sister shal paycn an halpcny eucry woke to yc
kepcre ;
[aiid oute q/*yj'^] he shal ban, euery woke, xij.(^., and yc
rcmanant to ye light.
Ooedi of tiM gild. Et quo-ad bona et catalla dicte fratcrnitatis, cidcm excellcncic
vestrc similiter significamus, quod nos, predicti Custodes, habc-
mus iu custodiu xx.., ad opus et susteutacioncm luminis predict!.

25
IX.
Fraternitas sancte Trinitatis, in ecclesia Cathedrali sancte
THnitatis, NoRWic'.*
''\Torwic\ Excellentissimo principi et domino, domino nostro The wardens of

jl\ T*. 11.
T
Ricardo, dei gratia Kegi Anglie et iirancie, ac consiho suo m
-r. A re ^^'
the gild maliC B
return.
Cancellaria sua, sui humiles ligei, Custodes cujusdam fraternitatis

sancte Trinitatis in ecclesia Cathedrali sancte Trinitatis, Norwici,
omnimodam subjeccionem ac reuerenciam et honorem. Pretextu
cujusdam proclamationis, per vicecomitem Comitatus Norffolchie,
apud Norwicum, de mandato regio nuper facte, vestre celsitu-
dini, juxta formam proclamationis predicte, certificamus, quod

nostra fraternitas predicta anno domini millesimo ccCô sexa- xiie gUd was
gesimo quarto luerat ex deuocione incepta, ob honorem summe

et indiuidue Trinitatis, patris et filii et spiritus sancti, luminis-
que augmentum in ecclesia Cathedrali predicta singulis diebus
deuote continuandum, sub certis ordinacionibus communi con-

sensu confratrum et sororum predicte fraternitatis factis ;
qua- The ordinances.
rum quidem ordinacionum tenor sequitur in hec verba :
In ye begynn5nig it is ordeynede, by comoun assent, yat alle a solemn service

. .
shall be held on
ye
^
bretheren and sisteren of yis fraternite shul kepen
*
"^
and be- the eve of the feast
.
of the Trinity.
gynnen her deuocioun on ye euen of ye feste of ye Trinitee,
at matyns commande, w^ solempnite to ye forsayde chirche, w*
torches brennande, and yer offeren euery brother and sisler.
Ande on ye morowen gone w* ye processioun, w^ a candel of
fyue lyghtes to brene aforn oure lady.
Ande also it is ordeynede, yat, euery yher, yat on ye monday Amassofreqiiiem
next efter ye Trinite sonday, alle ye forsayde bretheren and offerings made.
* CCCX. 85. Condition, fair.

M niLD or TIIK IIOI.Y TUINITY, NOUWK ||.
tcrpn hliul conicn togtHler to ye jinmr pliirc wher ye cnn<lrl ih
ofTrntl. Hml hauo a luossc of Roquit'in for nlle oriHton houK'k.
Amle rucrj- lnttluT and sister slial ofTro u fortliyn;;. Aiulc who-
so lc liliSfUt^ ho hhiil jmyen a |muiu1c of wax to yc lij^lit
Anile ttlso it is onJeyneile, by eonioun ossentc of yis fraternitc,
yat. at ye ilay of ye sepulture of ye lnrtlieren and sisteren, cuery

brother and sister forsnyde shul oflTcrt'n i\n halpcny, and yeuen
an halpeny to almessc ; ande eueriche brotlier and sister kIihI
payen a i>eny to a messe ; ande euery lirotlicr and sister shnl
paycn, of ye conimoun catcl, a pcny to a sauter for yc dedcs

Boule ; ande he shal hauc, of yc comoun catcl, two candcls
poysaunt viij. poundo.
P**P* Ande also it is ordcyncdc l)y yis fiatcrnitee, yat ycfe cny
brother or sister falle in pouert, or in iiiischief, cuery brother
or sister shal payen an halpeny in ye woke to ye officers ; whcr-
of yc poucr brother or sister shal hauc xij.c/. in ye woke, and yc
remanant shal be done to ye light.
F^knJbtmea Ande also it is ordcynede, yat if cny brother or sister be

'ô*' absent at cny gadcryng or beryinge, or when he ])C somound, he
shal payen a pounde of wax to yc light, bot he be cxcus[e(f
rewjonablely.
Goods of the gUd. Et quo-ad bona et catalla dictc fratcrnitatis, cidem excellcncic
vestre similiter significamus, quod nos, predicti Custodes, habe-
mus in custodia, ad opus ct sustentationem fratcrnitatis prcdicte,
Ix.if, argenti.
27
X.
[Brotherhood of Barbers,] Norwiche,*
4 nd a bretherhode ]>eY is ordened of barbres, in jje site Torches and other
-^ of Norwyche, in
seynt Johan \>e Babtis,
,
J>e
]>at alle bretlierin

...
worscbep of god and ys moder, and
and sisterin of Jje same
be offered on Mid-
summer day,
gylde, als longe as xij. persones of hem lyuen, J>ey schulen

offeryn a candel and to torches of wax ; and Jjis light ]?ey hoten
and a-vowed to kepyn and myntenyn, and |)es o]>er ordenances
]?at ben vnder wreton, vp-on here power and diligence, in
worschepe of crist and ys modyr and seyn Johan Babtis ; and J?e
to torches schul bien of xl.lib. weyght ; and alle ]>e bretherin

and sisterin schullen offeryn J)is candel and Ipe to torches eueri
êr a misomere day, and \>ey herin here messe at ]>e heye auter
atte Charunel in cristis cherge, and eueri brother and sistir
offeryn an ob. wyth here candel and here to torches, in hono^ of
god and oure lady and seynt Johan \>e Babtis.
And be to torches, eueri day in be ser, scullen ben light and Torches shall be
kept burning
brennynge at jje heye messe at selue auter, from Jje leuacioun of during high mass.
cristis body sacrid, in til jjat ]>e priest haue vsud.

This bien fe names of ])e men Jjat ben maystris and kepers of
)>e gyld :
Philippus Barbur ^ And ))is men han in Gcods of the gUd.
Jacobus Barbir > kepynge for ]?e same

Thomas Barbyr at prechors J light, ij.s. in here box.
* CCCX. III. Condition, fair.

XI.
[QiLD OF THE PeLTYERS, NoilWK H.]
Fi'iitrttuteu aancte Trifntatis, yoncici, ac saucli Willcbni

I miocnitis et martiris, de Norwico.*
laftlw
KlBf*t writ, prck.
A '(/;/<>'. Kxi'C'lIcntissiino et noliilissimo principi ct domino
* nostro, domino Ilicardo, doi gratia Kcgi Anglic et ITruncie,
ofÔTfoik.
ac ipsius sane consilio in sua cancellaria, sui ligei humiles ct
Itonignissimi, magistri et custodes fraternitatis constitute et or-
dinate in honore sancte Trinitatis, bcate marie, ac beati Wilklmi

innocentis et martiris, ac omnium sanctorum, que quidem IVa-
ternitas est tenta in ecck'sia cathedrali sancte Trinitatis, Nor-

wici, die dominica proxima post festum Petri et Pauli, omninio-
dam rcucrenciam cum omni subjeccione et honore. Cum nuper,
de mandato Rcgio, per vicecomitem Norffok-liie, palam et puljlice,
inter alia, fuisset proclamatum quod omnes et singuli magistri et
custodes gildarum, fraternitatum, quarumcumquc, certificent in

cancellariam vestram, in scriptis, plenarie, distincte, et apcrte,
citra festum purificacionis beate marie vbicunKûe tunc fuerit,
de modo forma ac auctoritate fundacionis, inceptionis, ac coutin-

uationis, et regiminis, gildarum et fraternitatum predictarum, ac
de modo et forma sacramentorum, congi-egacionum, conuiuiarum,
assembliarum, fratrum et soronim, ac omnium aliorum de gildis et
fraternitatilnis hujusmodi existentibus, uecnon de libertatilms,
privilegiis, statutis, ordinacionibus, vsibus, et consuetudinibus, gil-
darum et frateniitatum carundem, ac insupcr de omnibus terris et
t-enementis, redditibus, possessionibus, mortificatis et non mor-

tificatis, ac bonis et catallis quibuscumque, ad predictas gildas ct
fratemitates qualitercumque pertinentibus siue spectantibus, in
quorumcumque manibus hujusmodi terra et tenementa, redditus
et possessiones, bona seu catalla, ad opus hujusmodi gildarum et
CCCX. 116. Condition, partly fair ; the rest bad.

GILD OF THE PELTYERS, NOUWICH. 29
fraternitatum existant, ac de vero precio bonorum et catallorum
predictorum. Nosque ligei vestri, audita et intellecta procla-

matione ^predicta per
^
tudini vestre, iuxta

*'
ipsum
^
vicecomitem
formam proclamationis
, ^ ...
sic facta, reîe celsi-
predicte, in omnibus
Return made by
the Masters and
stewards of the
g'ld, in pursuance
of that prociama-
obedire volentes, eidem celsitudini vestre certificamus, quod
nostra confraternitas antedicta ab anno domini millesimo tri-
centesimo septuagesimo sexto fuerit incepta et fundata ; ac
deinceps, ad honorem dei, glorioseque virginis marie matris
sue, ac beati Willelmi, ac omnium sanctorum, diuinique cultus

augmentum, ac dicte ecclesie catbedralis et sustentationis duorum
capellanorum deo ibidem seruiencium releuamen, per confratres
et sorores ipsius fraternitatis successiue continuata, sine pre-
judicio, injuria, seu calumpnia cujuscumque. Nee est dicta
fraternitas in aliquibus terris, tenementis, redditibus, aut pos-
sessionibus immobilibus dotata ; sed fuit et est, quando et quo- The gUd has no
lands, but is
ciens necesse fuerit, pro oneribus eidem confraternitati incum- miiintained by
charges levied,
bentibus subportandis,
^
de collecta communi inter dictos con- ^'"^ ''^ legacies
and other gifts.
fratres et sorores fieri consueta, ac de legatis in testamentis

et vltimis voluntatibus, aliisque piis deuocionibus eidem relictis
et collatis, decenter sustentata et hue usque debita gubernata.

Ad hos insuper modum et formam, fratres et sorores dicte
confraternitatis sunt conuocandi, conuocati, assemblia[n]di seu
assembliati, secundum quasdam ordinaciones, communi sensu

ipsorum confratrum et sororum editas atque factas, quarum The ordinances.
quidem ordinacionum tenor sequitur in hec verba :
Constitutiones. In ye name of ye fader and sone and holy

gost, thre persones o god in trinite ; and in ye worchepe
of oure lauedy seynte marie his dere moder, and of seynt
William ye holy Innocent and digne marter, and alle halewyn.
In ye yer of oure lord jhesu cryst, a thousande thre hundred Thegiidwas
^
seuenty and sexe, Peltyers and oyere god men be-gunne yis ijypeityers
[furriers] and
gylde and yis bretherhod of seynt Willyam ye holy Innocent others,
and marter in Norwyche. And alle yis ordenaunces undirwreten,

al ye bretheren and systeren schulyn helden and kepen vpen
here power.
30 OILD or THK I'KLTYKUS,
1 v oaciAtm. At yr f}i>to, uDe yo bn^tlion'U ami systonn tlius liuii bo luitvn:

4tvmmA m \h
ynX yoy, currj yrr, n yo mnulay ncxHt oflyr ye fcst of wynt
M-H4im^ IVtor and Powol, iii wonhcpo of yc tniiitc oiul of oure Uiutly
aiid wvnt William oiitl alio halwou, sohuUon ofToron t) fUurol
cniulolvs ft-foni soynt Willyains tounjl('. in y- inyiistrc of yc

trinyto, ami oiicri >f In in ofToivti an Inilpony at yc iiicssc, and
Ik r. n al ye mcssc. And qwo-so bo aliscnt, yannc he schal i)aycn
to s ynt Williams lythe thrc pound of wax. And it schal ben
rrVMtl an<l gndorod l>e yc aUUrman and his felas. Also a knauc
bigr aai tve gDod
obyld, innocent, beren a candol yat day, ye wyj(thc of to pounil,
lt\l lc-twyxen to godo men, tokcnynge of ye gloryous marter.
ostium Also it is ordeyned, yat no man schal ben excusyd of absence
farabwacw. ui.iM at yat messe, but it be for ye kyngges seruise, er for stronge sekc-
vfflhd. nessc, or twenty mylc ducUyngc fro yis syte, yat he nc sclial
piiyen ye peyne of thro jjound of wax.

And qwo-so schal ben escused for any oyer schyl, it schal ben
at ye aldcrmannes wyl, and at ye cumpany.

Nroctiiiuuic* Also alle ye bretheryn and systeryn ban hordcyncd and
kii'tr^bt,or gi'auntcd, for any ordcnaunce yat is mad or schal ben mad
Ike Ibw.
a-mongcs hem, yat yey schal saue yc kyngc hys rythe, and non
j>rejudys don a-geyn his lawe in yes ordcnaunce.
On th* morrow of Also it is ordcyncd, yat eueryche broycr and syster of yis
tht gild day, bear
mmmmatnqakui. g}lde, erly on morwc aftyr ye gyldc day, schal heryn a masse of
requiem for alle yc brcthere soules and systeren soules of yis

gilde, and for alle crystene soules, at seynt Wîlliams auter in ye
mynstre of ye trynyte in Norwyche, and offeren a fcrthyngc.
Ajid qwo-so be wane, schal paye a pound of wax.
Arter ue maM. go And qwan ye messe is don, be here aldcrmannes asent yey
to an Inn, audit
cocNmu. and schal allc to-L'cderc L'on to an In. And euery
J man vat
J hat ony
J
cfaooaa officen.
. .
catelle of ye gilde, lejTi it doun ; and ordcynen yer of here

lykynge be comoun assent, and chescn offyceres for ye nexte
ycr. And qwo falye, schal pay en thre pound of wax.
ba And viij. men of ye aldcrmannes chesynge, on ye gyldc day,
bj |iickco
schulen chesen an alderman, and to felas, and a somono"", for ye
ncxte yer.
Also it is ordeyned, in ye worchepe of ye trinite and of oure
;
NORWICH. 31
leuedy seynt marie, and of seynt AVilliam and of alle halwyn, Bretheren and
. .
sisteren fallen into
yat qwat
^ ^ brother or syster,
^ '
eroddis sonde, falle in mischefe er
be O trouble or mis-
gjjgg^ gjjj^j, Ji^^.g
mys-ese, and haue nout to belpen hem-selfe, he schal han Almesse weekly help
of eueri broyer and syster euery woke, lestende his myschefe,

a ferthynge; of qwyche ferthynges he schal han xiiij.cZ., and ye
remenaunt gon to catelle. But if it be his foly, he schal nout but not so if
brought on by
han of ye elmes. ti^îr own foiiy.
Also it is ordeyned, be comoun assent, qwo-so be chosen in Fine on refusal to

take ofi&ce.
offys, and refuse it, he schal paye to seynt Wylliams lythe thre
pound of wax, and vp peyne of his othe.
Also if ony brother er syster deye, he schal han of ye gylde Bunai services
and otftrings.
foure torches, and foure pore men cladde, abouten his cors. And
eueiy brother and syster ofFeren at his messe, and heryn al ye
messe, and byden his enterynge, and at messe offeryn a ferthynge,
and an halpeny 5euen to almes for 30 soule. And 3euen to a
messe a peny, ye qwyche \schal he\ gaderyd be ye alderman and
hise felas, te don for ye soule and for alle crystene.
Also if any broyer er sister deye seuene myle fro ye cite, ye Decaths seven
alderman and oyer seuene bretlieryn, at his Q\xequises, schuT\ city,
wende in fere to ye cors, and ordeynen and don for ye soule
as for on of ye bretheren.
Also it is ordeyned, be comoun assent, yat yese bretheren. An annual feast
shallbe held,
in worchepe of ye holy trinyte and seynt William, schul etyn to-
gedere on yat day, at here comoun cost.
And qwo-so be somouned to don semble, er to congregacioun Finefomot

be-forn ye alderman and ye bretlieryn, and come nout, he schal ings.
paye a pouud of wax to ye lyt.
Also it is ordeyned, be comoun assent, yat no broyer ne Admission of
syster m yis
.,,,,,
glide schal be
. ,
reseyuet but be ye alderman and
- - new-comers.
xij. bretheryn.
Also it is ordeyned, be comoun assent, yat ye comoun belle- The common bell-
man shall summon
man schal ejon thuro^he ye cite on ye ffilde day, after none, the bretheren to
and recomandyn al ye brethere soules and systeres of ye sorrow of the
gilde be name, and alle crystene soules ; and seyn yat a messe
of Ilequiem schal ben seyd erly on ye morwen, be prime day,
in mcinorie of ye soules and alle crystene; and somownyii alle ye
89 Oll.D OF TIIK PKI.TYRRS, NOIlWiril.
brKbcrjIl an ijnrtcnti. yut yoy ln at ye uwssv at ye autn- of
rm WillUm at ynt tvmr of |rinu\ vp yc poyuc of tlirc pound

of wax.
Aba It iu owloynod, yut yo f<> *
Non sunt nlic constitutioncs constitute ncc ordinnto in frntrr-

nitato prcilictii.
Ooodi or iht fttd. Sunima cntalloruni diotc fnitcrnitati.s, iiij.//. iiij.s., ct non
plus nee minus.
[Indorsed :] ffraternitas sancte Triuitatis ac beati Willehni
luuoccutis et martiris in Nonvico.
Tliis bejînning of a fresh ordinance, and its crossing o\it, are so in the
original record. As none other of the ordinances has this beginning, the
inference is, that some fresh ordinance happened to be at that time under
consideration, but had not been yet adopted. The Latin clause which
follows support* this inference. It is certain that fresh ordinances were,
from time to time, adopted. The case of the Shipmanes Gild gives
an illustration of this fact. (See after, p. 57.)
The Latin preface to these Ordinances speaks of the niaiiitenaiice of two
chajilaiuH ;
but this was clearly a mistake, for there is nothing at all in
the ordinances themselves as to the maintenance of any chaplain.

33
XII.
[The Tailors' Gild, Norwich.]
Cei'tijicatio fraternitatis Artificii Sissorum, Norwici.'^
'^Torwiche. Excellentissimo et nobilissimo principi, domino

nostro, domino Ricardo, dei gracia Regi Anglie et ffrancie,
ac ipsius sano consilio in sua cancellaria, sui ligei humiles et

benignissimi, magistri et custodes fraternitatis Artificii sissorum
in Norwico, facta ^ in honore assencionis domini nostri ihesu i
(^sk.)
christi et beate marie virginis, omnimodam reuerenciam cum

omni subjeccione et honore. Cum nuper, de mandate regis, per Recital of the
. , .
proclamation
vicecomitem Nornolcnie, palam
clamatum, quod
^ '
omnes
^
^
...
et publice inter alia fuisset pro-
et sing-uli maoristri et custodes sjildarum,

.
lately made by
the Sheriff of
Norfolk, calling
for returns as to
. . .
fraternitatum, quarumcumque, certificent in cancellariam ves- S'^^^-
tram, in scriptis, plenarie, distincte, et aperte, citra festum Puri-

ficacionis beate marie, vbicumque tunc fuerit, de modo, forma, ac
auctoritate, fundacionis, incepcionis, ac continuacionis, et regi-
minis, gildarum et fraternitatum predictarum ; ac de modo et
forma sacramentorum, congi'egacionum, conuiuiarum, assembli-

arum, fratrum et sororum, ac omnium aliorum de gildis et
fraternitatibus hujusmodi existentibus ; necnon de libertatibus,
priuilegiis, statutis, ordinacionibus, vsibus, et consuetudinibus,
gildarum et fraternitatum earundem ; ac insuper de omnibus

terris, tenementis, redditibus, possessionibus, mortificatis et non
mortificatis, ac bonis et catallis quibuscumque, ad predictas
gildas et fraternitates qualitercumque pertinentibus sine spec-
tantibus, in quorumcumque manibus hujusmodi terre et tene-
menta, redditus et possessiones, bona seu catalla, ad opus hujus-

modi gildarum et fraternitatum existunt ; ac de vero precio
.* CCCX. 120. Condition, generally fair, but bad in places.

84 TIIK TAimUS QILD,
bonorum ei cutallorum |)rtHlictoriini. Nos({iio ligui vcntri,
audiu ct inUllivtA |ir(H^liuimciunc ]>reiliotii |>i'r ipHum vice-
mhW coinitrni iic facta, rt^xc cclMitudini vcstrt*, juxta fonniiin j>ro-
olumacionis prctlicto. in 'imiil>UH obciliro volcntcs, cik'iu eel-
aitudiDi vcstrc certifieuinuH, quod nustm cunfrat<'niita>4 aiitedicta
b anno domini milleHiino tricenU'siniu quin<|imgeHiinu fucrit iu-
cepta et fuiulata, Ac deineej>s, ad hotiorem Asseneionis Dumini

nostri ihesu ehristi, jjlorioseque vir,Mnis marie, diuinicjue cultus
augnioiitum, in capella beate marie dc camjjis in Norwieo, Deo

ibidem scruitura per confratres ct sororcs ipsius fraternitatis,
IibMi sine prejudieio, injuria, sou calumi)nia cujuscumque. Nou est
^ ciMf feid
ndv tb fallo>
layariiMBOM.
.....
dieta fraternitas in alicpiibus terris, tencmeutis, redditibus, aut
possessionibus immobilibus, dutata ; sed fuit ct est, quanto et

quociens neccsse fuerit, j)ro oneribus eidem confraternitati in-
cumbentibus supportandis, de collecta communi inter dictos

fratres ct sororcs fieri eonsueta, secundum quasdam ordinacioncs
comnmni sensu ipsorum confratruni ct sororum editas atquc
Ik* oidiDuicct. factas, quarum quidcm ordinacionum tenor sequitur in hcc
verba :
Ordinacio.*
Tb* pild khall moit This ordeuaunce ys mud in this manerc: ))at alle the bre))eren
and the susteren schullen ben to-gedcre on the half thursday, at

)>e candel beryngc, and at the messe seynge and offeryn ; and
who-so faille Jât day, |>at he be nouthe J)ere, as comenaunt ys, he
Bchal paic a pound of wax for is faute.
4 ant day And also, on the fryday nest folowende, it is ordeyned J)at
toalABMior
alle )>es bre}>eren and sisteren shullen ben at a messe of requiem
for the bretheryn and \>e sisteren Jât ben dede, and for alle
cristene soules : als-so ho-so make defaut that day, he schal

paye half a pound of wax.
TImj hall obey And also it is ordeyned, J)at alle the brctheren \>e wachc ]>e
themmiDons of
the aldeniuui. to halderman of this gilde sendit fore, shullen ben redy at that day
Udh MXtNUlU.
The copy of ordinances which follows, in English, is written in a

different han-l from the foregoing Latin preface.
;
NORWICH. 35
that he sendit for hem, be-twixen jjc feste of the Natiuite of
oure lady and Misschelmasse, in wat stede that he syngnyt hem,

for to here the Countes and reknynges for the dettes ]>at he ovven
to Alderman and J?e compayne.
And who-so make defaut jjat day, and be warned, he ssal Fine, if absent,
paye to pound of wax.

Also it is ordeigned be \>e brejjeren, ]?at alle ]?o bat the Alder- Meeting after
Easter, to choose
man sendit fore, shullen ben redy on J?
soneday fourtnythe after officers, &c.
esterne, en what place |>at ]>& Alderman assyngnet3, for to or-
deynen hoc ssal make the candel ]?at 3er, and kepent ; and also
]>o ])at arn assyngned to don that office, |:e companye ssal oward
hem viij.cZ. for here trauaille. And ]?e sexteyn of the forseid
chapel ssal han, for lythynge of the lythe, viij.d Also |?e clerk Payments to
that rynget^ on the half thursday at euen, ssal han iiij.c/. for his
trauaille.
And also it ys ordeyned, be |)e Alderman and alle the breberen, Help to tiie poor
and maimtd.
J>at who-so falle at meschief, en pouerte, croked, blyn, be ])e
grace of Godes sonde, out-taken 5ef he be a thejSe proued, he ssal

han seuene penes in ]>e woke, of ]>e bre]?eren and sisteren, to
helpen hem withe.
And also it ys ordeyned, be alle ]>e brejjeren and sisteren, bat Buriai services
and offerings.
what brother or sister deye, \>e ferndes of j)e dede body sshullon
whet jje Alderman to seyn ; and he ssal sende forthe ]>e bedel to
alle ]?e bre]?eren and jê systeren, ]?at |?ey bien at the derge of |?e
body, and also at messe and offeren, and ben withe the body til it
be closid in ]?e herthe ; and also fynden J>er, of here cost, to
tapers of wax, of ])e wythe of xij.7/., at \>e derge and at \>^ messe
brennende. And also euery broJ?er and euery sister of ]je gilde
sshullen 5euen on halpeny in J)e worchepe of god for Jje soule
and also seyn oure ladys sauter, or don seyn. Euery brojjer
and sister ssal 3euen a peny to a messe for j>e soule, hastili
songen.
And also, what brober or sister bat deye vij. mile a-boute be Burial of those
dying out of town.
sete, J>e brejjeren jjat ]>e alderman assyngnet^ sshullen gon jjeder
w*- he wax, and bryngin J?e bodi to ]>e herthe, as it is be-fore.

service for those
Also ;ef ony brober
^
or sister deye in straunofe
' cuntre,' in
' '
dying abroad.
9Q TIIK TA!U>R-S* OILD, NORWICH.
criHtcmlom or in lullirn. ss,-. )m l.ro|>orcn Bshollcn Ron to \te
c)ui|>cl on the fclil. wilh \u\v wax, luul loyn a clot 3. and donn a
nu'iwo of rr<|nioin (or jk' soulo, and o)hit |>cngc9, als 3on he
where at horn nnioungoj hem.

Also it wa onleynwl fei-st he Peres of \VeHt<Mi, and be alle |)o
but han be nithyn. |>* aUe |H?se Conieuaunt3 a-forsaid HshuUe ben
bohlen ferme and stable: and |>er-to ham )>ei sworon on the
halidi>in. And alle |>o |)at eonien after sshnllen do j; same othe.
{/ dtrm.] And also it is onleyned, jât alle the bretheren sshuUen ben to-
T- 1- gctlere on the friday after half thursday, for to chcscn an Aldir-

nian ; which Aldinnan ssal rceeyue |)C catel at a serteyn day,
and deliucreu a5cn in serteyn place |)er )> bre|>crcn assyngnetj.
And who-80 faile, \>^ friday after mete, he sshal paieu half a
pound of wax.
iaMtinfi.a And also it is ordeyncd, |)at a-mounges the bre|>eren and
Jirt.t. and sisteren in here assemble, a candel brennande of wax, and seyn a
" bede in worchepe of god and of oure leuedy, alle seyntes, and
for alle cristene soules, and for alle j)e brejjcren and sisteren of
})is gilde.
ABiiiM ih>u Also it ys ordcyued bat, fryday after noon, bat bey shole
b cboMti. and r-
wtHtdbyqaUr chesen a Somno"": and alle b^- sei who-so be in bat office, he shal
PV"*"*^ paie no siluer, but gon qwyte for hys trauaille. Also qwat bro))er
lo Um huM, or sister J)at entrit in his time schal paie to J>e bedel a pcuy.
[Indorsed :
] Fraternitas sissorum ciuitatis Norwici, ordi-
nata in honore assenciouis dominL
87
XIII.
[The Carpenters' Gild, Norwich.*]
n the name of be fader and sone and holi sfost, and of oure The gild was
^
I ladi seinte marie, cristes
. .
moder, and al ]?e holi

.
cumpanye
êgun A.D. 1375.
of heuene, ]>e ordenaunces of ]>e gilde of Carpenteris werin be-
gunnen, in hono^ of ]>e holi trinite, in ]?e 3er of grace of oure
lord jhesu crist a thousand thre hundred and seuenti and fyue,
)>e 3er of oure noble kyng Edward, ]>e thridde after ]>e conquest,
fourti and nyne ; and shullen ben holden perpetuelliche in Jje
moder Chirche of Norwiche a-forn J)e heye auter : and it was be-
gunnen by |>is entent, for to encresin a light of torchis atte
sacrement of cristis bodi at selue auter. The qwilk orde-

naunces alle ]je brejjerin and sistrin of ))is gilde han be hoten
and avowed, to ]>e honor of ]>e trinite, to holden and stabeliche
kepen, vp-on here might and power, as longe as xij. persones of
]>is gilde lasten and lyuen.
Thus it is, bat alle be bretherin and sistrin shullen comen to- a yearly meeting
, .
to be held, which
gidere, on ]>e saterday atte euen next after ]>& ascension of oure shaii begin with
lord crist, eueri 3er, at ]>e place assigned be ]>e alderman and
his to felas, in Norwich, in cause of deuocioun, and |?ere biddin
a bede a-forn here light in hono^ of trinite, and han re-
comoundid in here mynde ]?e stat of holi Chirche, and for pes
and vnite in ]>e lond, and for alle ]>e bretheren soules and sistris
soules of |)is gilde, and alle here frendis soules, and alle cristene.
And eueri of hem shal seyn, w* good deuocioun, v. pater noster
and V. aue marie be-forn \>e candil brennyng.
* CCCX. 174-177. Condition, fair. This return is made up in the

form of a book. measuring 9I inches by
It has six leaves of vellum, each
5 J. Only three of the leaves are written upon, but each of these is written
on both sides. The handwriting is very remarkable.
98 TiiK r.\nrKXTEU.s' oild,
Ay^tif^jt^^ AUo u Is ,.rilovnol. hat u< 1 1 yt\ oi\ |io 8un(l:y next after |>r
uuHMijiioun. aWv Jh ln)Hrin ami niHtrin, nt tymo of day, slial lun
at \tc C'liauiulclrn* |>or here wux i onlcyne<l in Norwirhe, and
con aUc to-^Milero, in proeessioiin, w* here cnnlil nii<l hrre
iorchis, in-to J>o menstre of |'e trinite, uimI ofrcrin vh nj* at )
heye mitcr, and hercn |)'' heyc messe, ajul eiicri offerin an
IialiHMiy attc niesso.
Also it is ortlejTied, |>at if any lro)>er or Rister of )>is ^ql<le
dcye with-<iiten |>e Cito of Norwiclie, he shal lian to Cîndils of
|c hretherin at his dirige and liis messo, brcnnyng nhouten InH
corps, of xij7'6. peys. And alio |>c hretherin and sistrin shullen
ben at his dirige, and praye for |)C soule. And, on j>e day fol-
wande, ben at his messe of requiem from gj'nnyng to )>c ending;

and eueri offerin a ferthing, and êucn nn halpeny to elmes for
J>
soule. And eueri bro}>er and sister 3eiien a pony to do sejTi
a messe for \>^ soule, and for alle )>e bretherin soulis and sistrin
of j>is gilde, and alle eristcn soulis.
i ' Also, if any brojjcr or sister of \>h gildc dcye wit-outen Nor-
U-- wiche vij. mile abouten, alle ])0 bretherin shullcn gon to his bery-
ing messe, with here alderman, with here to candelis brennendc

a-bouten his cors, and offrin alle atte messe, and êuen here
elmesse j)ere, and gaderin |>e messe pens for jje soule in manerc
for-seyd.
fcnrlwfcrtiMM Also, if he dye in ferthere cuntre, he shal ban his seruise and
messe offring, elmesse, messe pens, and trental, as on of here
othere bretherin, in ]>e mynstre of Norwiche.
iipIj. to tunm- Also \>ese bretherin ban ordoyned, be weye of eharite, ))at if
(alien intoporerty
or miiiuip. if not any broJ>er or sister
.
/iirii
of |>is glide falle in any meschef or pouert,
bmught abotit
tfaraagfo foiw or ]>e godis scudyng, or be any chaunce of be wcrld, and nat be his
owne folye ne ryotous Ijniyng, and he may nought withe his
craft ne with his godis helpen him self, he shal ban, of eueri
l>ro|>er and sister of j)is gilde, eueri woke, a ferthyng, lestyng
his meschif : and }>ese ferthinges shal be gadcrid at eueri moneth
ende, and delid forth to ]>e nedful man, in hono*" of crist and his
modcr, and for alle cristene soules.
And qwo-so make defaute in any of }>ese ordenaunces, he hath

NORWICH. 39
ol)lIsshed him-self, bi his avow and his owen graunt, to payen Fine for non-
to be
1 T f
hght n.hb. of wax in wursship of
' ! f
crist,
-I
but
!
if he may
fulfilment of
ordinances, unless
there be good
resonabli esciise him-self be ]>e kyngis seruise, or for any journe excuse.
j>at touchit ]je kyng or his ministris, or be any o])er cause

resonable.
Also bis is be bretheris entent, bat for non ordenaunce bat

^
her- Neither the king's
riglitnor the law
in is mad, ne be no maner colo^ of ]?is gilde, Jjei shullen makyn * ^^ encroached
no meyntenaunce ne confideracie ageyn ]>e kyngis right ne ]>e
comoun lawe, ne no preiudice don to no maner man, be ]>e
feyth ))at ]>ei owen to god and ]>e ligeaunce ))at Jjei awe to cure
lord J>e kyng.
*And bysyden alle thise ordinaunces, Robert of Elyngham, Gifts hy certain

,
masona.
Masoun, and othere serteyii masouns of Norwiche, fynden, in
Cristes chirche at Norwiche, tweye torches brennyngge atte heye
auter as it is by-for seyd.
* This paragraph is written in another and very different hand. It is

clearly not intended to be taken as one of the ordinances, but as the state-
ment of a fact. See the note at the end of the Gild next following.
40
XIV.
[The Poor Men's Gild,] Norwiciie.*
TVgMwM^^ yn liono*^ of ourc hnl JIk'SU crist, and of oure lady siiiito
II
ninric, and in ^^nirssliip of scyn Austyn, anglonnn ]Cjii-
scopi, and allc holi halwcn ; in liono'" of which seynt austyn j^c
poucre men of |>e parisshe of seynt AustjTi be-gunnen [a] gyhlo,

in lit'lpc and amendement <f lure pouere jmrisli cliirchc of
seyn Aust}Ti \>e hysshop in Xorwichc, in ))e jer of ourc lord crist
a mIccc.iiij'^^, \>e jer of oure Kyng Richard secounde )>o iiij*-.
ffirst, |>at J>ei shullen mcyntcn and fynden a light in \)C
C' 2L AUÎM.. same chirche in honor of |)e seluc seynt Austyn ; and |)is liglit
cueri 3er |>c shullen offcrin v\) eueri 5er in )>c same chirche,
an meynten and susteyn it vp-on here power, whil god 3iffc
hem grace, on ]>e Sunday next a-forn \>e feste of seynt Austyn,
here avowe.
"^ê^s* And on |)at day )>at )>ei offcryn here candel, allc \>e l^retheryn
and sistrin of J)is gilde shullen at )?e offring of |?e selue light,
and herin a principal messe in J>e same chirche, and offcrin at ^c
nicssc.
iieP to um> And if any brojjcr or sister of jjis pouere gilde falle in any
orinother mi- poucrtc or scckncssc, or any o|)cr meschef, be |>e sendyng of
crist, and he may nou3th helpe him-self with his owen godis,
and he may nought ne haue nou3the to susteyne him self, he
CCCX. 212-217. Condition, fair. This return is, like the last, made
np in the form of a book. It has six leaves of vellum, each about eight
inches long by five wide. Of these, only two leaves are written upon,
but each of the latter is written on both sides. The front of the first leaf,
which is otherwi.e blank, bears the indorsement given on the next page,
and which is written in an entirely different style of hand from that in
which the ordinances themselves are wTitten.
]
THE POOR MEN S GILD, NORWICH. 41
shal ban, of ]>e bretherin and sistrin, eueri woke, iij. pens, til j)at
he be recured.
Also it is ordeyned, ]>at any bro]?er or sister of |)is gilde Tiiose dying
deye mile abouten rbe Cite, or with-innen be

vij.
r cite, alle be
' r '
miles of tiie city
"I
sliall have burial-
bretherin and sistrin shullen* ben at ]?en enteryng of \>e dede services,
corps, and offerin at his messe, and 3euen xxx.cl for xxx. messes
singing for \>e soule, and for alle cristen soules.
[On the outer cover is written as follows :

Nomina sancti Augustini
societatis
:
bretheren.

Nicholas Bryan, Jo- Names of giid-
.
hannes de Sh}'pdham, Johannes de Bukenham, et alii, &c.

Nomina societatis sancte Trinitatis Bobertus Elyn<]:ham, : Names of
' '
bretlieren of
Thomas de Hecham, Eicardus Gront, et alii, &c. another giid.
Et memorandum, quod Johannes Alunday, Bobertus Snape, Names of certain
et Bobertus Elyngham, preter omnia alia, inueniunt ij. cereos et

vnam candelam in ecclesia sancte trinitatis predicte.t
word ''shullen" is written twice in MS.

* This
t As the present return touches only the "Poor Men's Gild" [of St.
Austyn], it would seem that the last two of these paragraphs relate to
some Gild the particulars of which were sent up at the same time with
those of " The Poor Men's Gild." The Carpenters' Gild is stated to be "in
honour of )?e Holy Trinity" (before, p. 37); and the name of "Robert
of Elyngham," mentioned in the lines added at the end of the ordinances
of that Gild (before, p. 39), leaves little doubt that these two paragraphs
refer to that Gild. But it is here stated that two waxes and one candle
are found; while only two torches [of wax] are named in the return of the
Carpenters' Gild. At any rate, it is odd that an indorsement should be
found on the return of one Gild, touching another Gild, which must have
been known to have made a separate return.
XV.
[The Saddlers' and SrrnRiERs' Gild, Norwich.]
Fratemitas de Sadelera et Sjmriera Norwici*
"1 Tdiim (Ic fratcmitate, constitutione, ct ordinationo, in lionorc

Tlitefffld H
mainUlnrd bj Um ^^ l)eate marie et omnium sanctorum, tlc\ in ecclesia con-
Mddlmand ventuali de Carrowe, pro-ut in ordinacioni])U8 per fratres et
Im DOlffondf
wortJ) norv than
Borores ip.îius fratemitatis factis plenius continctur. Que qui-
dem fraternitas est sustcntata et Hupportata cum Sadclers et
Spurj'erj's ejusdem ciuitatis Norwici. Non liabcnt terras, tenc-
menta, redditus, nee possessiones, nee catalla, vltra valorem

decern solidorum.
Ordinacio.
To ye bono' of oure lady seynt marie, and of alle halwen,

betun A.v. 1355.
yese ordenaunce of fnitemyte of Sadeleres and Sporyeres, in ye
cite of Norwyche, wern ])C-gunnen in ye yer of oure lordis birthe
ibesu Crist, a tbowsande thre bundrcd foure skore and ffyue,
and j)erpetuelli scbal ben bolden a-forn ye ymage of oure lady at
ye beye auter in ye cbircbe of nunnes in ye nunrye of CaiTowe
be-syden Norwycbe.
Thus it is ordeyned ;
yat ye bretheryn an systryn of yis fra-
rtaDbekepCM
long as twelve of temyte, as longe as xij. persones of yis gilde lyuen, yey alle ban
Uw gild tire.
hoten an a-vowed, to ye liono^" of god, yat yey scbuln mayntenen

yese ordenaunces vnder\\Teten, vp here power and diligence, in
worcbepe of cr}\st and of bis moder and alle halwen, and
* CCCX. 57. Condition, generally fair, but bad in parts.

THE SADDLERS^ AND SPURHIERS^ GILD_, NORWICH. 43
amendement of here soules and alle crystene, in ye worchepe of

holy chirche.
Frust, yat yey schuln fynden and meyntenen a lythe of to Two torciics siiaii
_
be kept burning
torchis of wax,' of xxxu.U., euery
J "^
day
J brennynoê
J ry at leuacioun at the elevation of
' tbe host, at hi-li
of crystys body sacred, at ye hey masse, but no masse more. "''^ss.
And yis gilde schal ben holden euery yer on ye Sunday Tiie giid shaii be
nest after ye trmite ; and alle ye bretheren and systeren han Sunday after
Trinity ; and the
a lyuere of sute, to kennen ye bretheryn
'' V
an systeryn,
^ /
and for no
'' ./
members shaii
jjj^^.g ^ livery.
oyer enchesoun.
And on ye euen a-forn yis day, at ye aldermannes assygnc- ah shaii meet tiie
evening before, to
ment, alle ye brether}Ti and systeryn yat ben in Norwyche, or pray for their own
oyer place yat may resonableche, schul comen to-gedere, in cause
of deuocioun, and seyn a bede for alle ye brethere soules and

systrys of yis gilde ; and qwo-so faly of yis, he schal payn ij.
pound of wax at here owen graunt, but it he may resonabli

escuse hem be kyngges seruise.
Also, on ye morwen on yis day nest suwynge, be-time, alle Next morning,
mass shall be
bretheryn and systeryn schul ben to-gedere in crystis chirche, heard, and
offerings made :
to heryn a masse at ye auter a-forn ^ye relikes,

*' *' '
and euery
^
of hem ^""^ *'' ?^^^^^ s"' '"
procession, to the
oflfere yere. And qwan ye masse is seyd, alle ye bretheryn an

{5!Jr
"^
"^\7
sisteren schul gon wyt ye alderman, in deuocioun, to ye place
yer here lithe is ordeyned, and gon wyt ye lythe, in proces-

sioun, to ye nunrye of Carrowe, and yer heryn a masse and
offeryn an ob.
Also, if any brother er syster deye in ye syte of Norwyche, alle On dpath within
o wyt
ye bretheryn and sisteryn schal ben at his dinVe, to torchis be at the dirge,
^ '
^' ' arid two poor men
of wax, and to pore men cladde. ^^'^'^ *'^^-
And also on yis manere ben at his masse and his enterynge ;
The same at
interment ; and
and euery offeryn a ferthynge, and seuen an halpeny
A ^
to almesse offerings and gif^ts
gj,_^]l jjg niade.
for yat soule and for al crystene.
And if he deye thre myle out of Norwyche, alle ye bretheren service on death
within tliree miles
schul comen to his enterynge, wyt here to torches and to pore of the city.
men cladde, and offeryn and don as for a brother.

And if he deye wit-outen ye lystes of thre myle, and his man- Service on deat>i
beyond three
sioun and his houseld ben in ye cite, he schal do don a dyryge n"ies.
and messe wyt here lythe, and don elmcsse.

]
u TIIK SAI)I)I.ER.s' AND Sn'RUIKR-H* OIU), NOUWICH.
Anil any !rothor or sistor ynt iliulh n ^^-ji oiitcn yc lystys of
Srjvod Ihrw thrc iiivlo from yo cito tloyc. nllr yo l>rctlKTyn ami Kystcroii kcIiiiI
mOm. Ail Kail
mow lo mr*tn lon H yn for his Biiulc, in yc cliircljc of yc niinryp of Currowi',
tliri<:i* iuul maAfto, an ilon fur is soule & for any brother or sinter
f,irw*v<l.
>n>n buut alique alio conslitulioncs ordinate in congrcgatione

prwliota,
[Indorsed on the above return is the following :

ffratcrnitas Sadclcres et Sjmryeres de Norwico, tenta in ce-
elesia conuentuali beate marie de Carrowe, juxta Norwicum.*
Thin return is written on a piece of vellum which has once formed two
leaves of a book, of about thesame size in the page as the one described
40 note, and with ruled lines on eacli hide of each page. The
before, p.
two leaves have been flattened out, and the return is written across the
ruled lines. But the mark of the fold of the pages, and the holes where the
threads went through to hold tliese leaves as part of a bound book, are
still plainly seen. Such facts as the use of this piece of second-hand vellum
for ihis return, and the very unusual use of paper for the official writs (see
Jn(ro>lurlion, and after. Part II. No. I.), perhaps point to an unwonted
scarcity of vellum at this time. On the other hand, it will be seen, by
reference to the Gild of Garlikhith (>)efore, pp. 3, 5), that paper was used
^ 1375 ^
write tlje Gild-ordinances upon; while an inferior specimen will
be found mentioned after, p. 121 note.
45
xvi.
[Gild of St. Anthony, Lynn, Norfolk.]
Statute Glide Sancti Antoni, Lenne*
n ]>6 worchep of God of heuen, and of his modir seynt mari, Beginning of the
I and alle j? holy Company of heuen, and souerengly of J>o
Noble confessour seynt Antony, w* a grete deuocion \^ ffrater-
nite was be-gonne in j)^ toun of lenne, of men and women,

lestenliche for to fyndyn, in chirche of seynt margare of lenne,
be-forn jj^ ymage of seynt Antony, on eandelle of yli. of waxe,
brennend euery festiuale dai thorow-out jj yere, in Jj
tyme of
seruyse, in J)
honour of god almyghty, and of J?
holy con-
fessour seynt Antony. Also it is ordeyned, be assent, Y" ^^^^ j' The giid shall meet
men and women of Y fi'aternite w* a good deuocion shuln gon hear mass and
, . p /, A rA^ ' ^ make oflerings.
in lere, ]?e sonday nest
f.
aitir ^ test oi seynt Antony, to ^ Cnircne

of seynt margare fornseid, deuowteliche |)er for to heren a messe
of seynt Antony ; and eueriche bro]>er and sistir shal offren an
oh. in b worchepe of god and of seynt Antony. Also it is There shall be
four other general
ordeyned to hauen foure mornspeches in be sere, p first shal nieetings of the
, ,
giid in each year.
bene Y monday nest aftir ^ fornseide soneday :
^ secunde shal
bene J)
soneday aftir ]?e fest of seynt michel :
J)^
thred shal bene
Y soneday aftir J)
fest of Epiphanie :
Y fourte shal ben J)
soneday aftir
Jj
fest of seyntes Tiburs and Valerian in Aprille.
Also ordeyned it is,
Y what man or woman, hauened de- New-comers shaii
pay five shillings
uocion to Y holy confessour seynt Antony, J>at wille comyn in each.
to ]>is fraternite to ben bro]?er or sistir (be als mekil als J?
forseide lyght, to j? worchep of god an holy Chirche, lestyngliche

in tyme comyng, w^^-outen help of mennys deuocion ne may not
* CCCVIII. 117. Condition, fair, except in the lower lines.

46 OILD OP ST. AXTIIOXY, I.YNN, XOUFOI.K.
be mryuU'iutl uud kf|t), hIiuI |)ayiu' \.n. AIs< it Ik orilryiuil, l>c
oi> HAsont of alio cnn|>nny, to clicHfH an Aldiriimii, wysc and

nfJin^'TS |**
wittyr, able and kunynjj to rvulcn and gouirn )>" company, to |"
worchep of ginl an holy Cliircbc ; and foure hki'uayneH, troHt
men and trowo, for to krpyn and resryucn \fi gomlt'H and |)"' katfl
of |^ jîhlo ; an<l on Dene, for to warnyn alio |>'* ;.cild l)ri'[>ren
ciid hUtren, as is y custuni in |)<^ foinscide toune of lenne ; and

on clerke, to wryten j)*" nesscssariiH of [)" gil<l. Also wlint br(|>er
or sistir of |" fraternite dye, \>p Aldirinan slial wetcn )>" dene to
seye^ and \fi Dene hastiliclic bryngyn y waxe to })e
Derive, w'
outen any lett}'ng, and sytlicn warnyn \>^ brethren and Kistren to
come to |> derige and gon w^ p Cors to j>'^ kirke ; and ciu riehc
bro|>er and sistir shal offreii oh. for ]) soule. And also, what
bro|)er or sistir of jjis fraternite dye, he shal haiie, of }>'* clene
katel of p Gilde, xx. messes songyii for his soule. Also, what
incuMorkmor bn|)er or sistir of j>* fraternite lesc hys katel |>orow \>^ grace of
iickMM. bclp to , ,
btfivML gml, or ellis falle in sckcncs, wherc-|>orow he may not helpyn

bymselfe, })an ilke brojêr and sistir of p gild shal 5eucn, ones in
y yere, yd. to his sustenauns and releuyinge. Also ordeyned it
WagwoTUM is M he clerke shal haue, for his trauaile in b'' ytre, X"i.</., and b
dene, for bis trauaile, \\].d.
Hm foregoing are Be it ktiowc openlichc to 30W, be jêis presentcs, b^ we alle
buxundye vndirstondend ôure lettres sent to vs, seycnd on Jjs
manere, })* we shuld sende 50W a kopy of our statu5, and also y^
Good* of Um gUd. summe of our katelle. Weteth it wcle )>* summe of our kutelle
Y'
is xxxiij.s. '\\\].d* At my lord \>q Kynges wille.
These figures are so much deffvced that I cannot be quite sure of them ;
but I have little doubt that the sum, as given above, is right.
47
XVII.
[Gild of St. Thomas of Canterbury, Lynn.]
Ordinaciones Glide Sancti Thome Episcopi Cantuariensis,
Lenne.*
n J>e worchep and honor of Jhesu Crist, and of his mild modir Thegiidwas
1 seynt marye, and of alle ]?e holy Company of heuen, and
begun A.D. 1376.
specially of ]? holy martir seynt Thomas of Cauntirburye, men

and woman, Jjorow a grete deuocion to J?
forseide martir seynt
Thomas, hauend, in ]>e toun of lenne, ]>is fraternite be-gonne, in
p 3ere of our lord a thowsend ccc.lxx.vj., lestendliche for to
meyntene and fynden, be-forn a certayne ymage of seynt

Thomas, in \>^ Chirche of seynt Nicholas of ]? fornseid toun of
lenn, on kandel of ij, pound of waxe, for to brenne in seruice
tyme eueriche festiuale day in ]>^ êre. And J)is gild shal ben xiie giid, aii fairly
. . .
arrayed, sliall
holdyn in b^ day of seynt Thomas aftir b feste of b Natiuite of meet on st.
, . . . .
Thomas's Day,
seynt ion b^ baptist at midsomir. pat day, eueriche brober and and hear mass,
/ , [ , . .
^"^ ^'^^ o^^'*-
sistir of |)is gilde shuln seme-lyn in a certayne place, faire and "^s^-
honestliche arayde. And ]jan alle J)e bretheryn and sisteryn of J>is
fraternite, alle to-gedir shuln wend to \^ fornseid e Chirche, ])er
for to heryu, wele and deuowteliche, a messe solempliche soungyn.

And at Y' ii^^sse, alle J)^
bretheryn and sisteryn shul ofFren oh., in
})6 worchepe of god and of seynt Thomas. And )jis gild shal
liaue foure mornspeches in p 3ere. pe first shal bene b^ nest There siiaii be
four other general
day folowend b fornseid fest of seynt Thomas. p<^ secund shal meetings of the
gild in each year.
bene ]j soneday aftir seynt mathue. p^ tlirid shal bene in j)^
day of seynt Thomas in Cristmes. p fourt shal bene j)^ sone-

day aftir
J)
fest of seynt Pernele. Also ordeyned it is, be assent An Alderman shall
AIT ^ r-i T
^ chosen, and
of ]je bretheryn, to chese an Aldirman to reule ^ Company; and
* CCCVIII. ii8. Condition, fair.

48 OILD OK 8T. THOMAS OP CAXTKIlDrilY, LYNN.
four hkcuAViics to kijH' [i^ jîunh^H of ))'' jiiKl\ ami also a drnr to
ai liMa. Mid
wnnivu Ji*' brftliorvii riuI HiHtoryn, an |>* inancrc in, ami also u
Clcrkc to wrytou am! entrj-n j*** }>"' Nainos and y ncHHfKHuriJH of
CMidltitellU
|>^ pM Also it is onlcyniMl for to fjiulyn, at }' fcHt of Kstoni,
ou kaiulcl of xvj. ]>ouiul of waxo, for to brcnnc about \>" Hipulcrc
in ^' foniseide C'hirche of seynt Nicliolas. And if any l)ro|)cr or
sistir of |>i8 gild be ded, ))C dene shal do j>e Thorches coniyn to
BariAlMfTtoM. )>'' Dcrige, and warnyn alio |<^ gild brethcryn and sistcryn }>* ben
in toun, to coniyn and olTrcn oh. at \fi chircho ; and what bro|)er
or sihtir so comyn nout, he shal 3eue ob. to Elmcs for his soule.
And if any bro|>er or sistir be ded, he shal haue, of \fi propre

katcl of p gild, xxx. messes soungyn for his soule w^-in |)0
thrcdd day. Also, what bro|:er or sistir bere o))ir any falshede,
topvtooL
thefle, or wroung on hand, he shal lese \>^ fraternitc perpetueliche.
New Also ordeyued it is, j)^ what man or woman |)t wille comyn in to
y^ fraternite |>orow deuocion of ^ holy martir seynt Thomas, for
to fyndyn, Y' tymc comyng, |>o fornscide lyght, to ^^ worchcp of
god and of scyut Thomas (be als meche as it may nout be found
w'-out mennys Elmcs and deuocion), he shal pa^nie Y.8. Also it
If My I
is orde}'ned, be on assent of alle )> Company, \>^ what man or
poor, or have Iom
by MB. or by Ore, woman
or otbcnriM, bdp
of )> fraternite y falle in pouert, j)orow losse on \)^ se, or
iMil iMglTWl. )>orow fire or any manere othir, sond of god, alle brethcryn and
\>^
sisterj-n of \>'ia gild shul ben gadred in fere, and hclpyn hym w*-
a porcion of here katel, vp here powere. peis ordennauns were
ordcyned be on assent of alle )) brethcryn and sistcryn of j)is
gild, to meyntene and fulfillyn })eis forn statu^, to j?^ worchcp of

god and of seynt Thomas, to Icstyn wt-outcn ende. And j>e
WacMOftbe And
f'krk and the
Gierke shal haue for his trauaile, iij.s. ; p dene, for his
Dean.
trauaile in \>^ êre, xviij.c/.
The forfolng Be it open and knowen apertiliche vn-to 30W, be jjeis presentes,
re Uic o.-diiJincc.
y we fulliche vndirstondend j>e lettres sent fro jour Chauncrye
vn-to vs, shewend and seyend on y manere, y we shuldyn send
30W a kopy of our statuj and ))' sum me of our katel. We do
Goods of Uie gil 1. 30W to wetyn |>t
J)is is ]>^ very kopy of our statuj, and )>* xl.s. is
y ful summe of our katcl, redy at our lord y- kynges wille.

49
XVIII.
[Gild of St. Leonard, Lynn.*]
He sunt ordinadones Gilde sancti Leonardi Co7ifessoris
de Lynne.
n honore sancti leonardi confessoris. In b^ worcbep of god Beginning of the
I alle-mygliti, and of liis modir seynt maiy, and of alle jj holy

gild.
company of heuen, and specially of J?

holy confessour seynt
leonard, Y Grilde was be-gonne in Damgate in \^ toun of Lenne,
|)orow Y' deuocion of men and women, to fyndyn be-forn on

ymage in ])e Chirche of seynt Jame of lenn, in y worchep of god
and of seynt leonard, on Candelle of j.^^. waxe, to brenne ouery
festiuale day in p êre, a-forn J>e ymage of seynt leonard. AUe-so
it is ordeyned, be on assent of alle p bretheryn, |)at eueriche
brothir and sistir shal ofFren at y Chirche of seynt Jame, on y
soneday nexte aftir y fest of seynt leonard, oh., in y worchep of
god and seynt leonard. Alle-so it is ordeyned, be on assent of There shall be
four general
y brethren, to haue foure morspeches in y 3ere. pe firste shal meetnigs every
bene b^
i
monedav 'I
neste aftir y
*
forseide soneday.
J
And at ib* there siiaii be
first,
chosen an Alder-
mornspeche, borow
i-r
on assent of
^
alle r y brethen,7 to chesen an "1''^"' f""'"
,^
Stewards, a Dean,
Aldirman, wise and able to reule y Company to y worchep of ^"^ * ^^'''^'^
god ; and also foure men for to reseyuen and kepyn y katel of
y Gilde; and also on certayne Oficere to warnyn alle y brethren
to comyn to chirche ; and also on clerke, to wryten y katel of y
gilde. pe secunde morspeche shal bene aftir y Purificacioun of
our leuedy. pe thred, aftir y feste of Phelip and iacob. pe
fourte, aftir y feste of seynt Petre ad uincula. Alle-so it is
ordeyned, be on assent of y brethren, be als mecliil as y lyght
CCCVTII. 119. Condition, fair j except in the lower lines.

50 (ill.I) OF ffT. LEONARD, LYNN.
S99- tn pu t% ttmii fornscidc ur luMv inMit )n' tucMittiuil ill |'" tviuo for to conic,
<* euory man |>i wilU* w* îunl lruoci(n coiiiyii in -to |>* fTratorniti*,
KufU M-iirM. hIiuI |ay iij..*. Alle-Ho, if any brothir or sistir tlcyc, |>"' nliliniiaii
slml conuuul |" Oficcre to wariiyn allc )) brotlieryn and siHteryn

to brj'ng |^ Cora to y^ cliirdie, w^ waxc brcnucnd, and )<-' wuxo
for to brcnne in |>" tynie of scruicc. And cucry bro|)ir and fiistir
slial oflVou at [>'* messe for \>" body ob. 3cfc any brotliir or sistir
lacMvoTkMibjr of )> Conijmny be in any misclicfo, |>orow lossc of be se, or any

Ha or oUmt
lA m . iwip ibtfl other niyHliappes, |>orow goodes send, company filial ben
J)"
pidcred to-godir and hclpyn hym. "^cfe any brojK'r or sistir of
it^mthouvAAt y gild dye \v'-in a mile a-boutcn, and liaue nout whereof to bryiig
Um towB. Uw bodv
ubafetdMdai hvm to b<^ ertlic,K Aldirman and b" mhle brethren shuln wend
and bryng hym to y erthe on jieire owe costages. And if any
bro))ir dye w^-in y mile aboutyn, y Aldirman shal gon and
iij.
beryue hym, or ellis h}Ten a man of here costages to bryng hym

be to )> erthe. pere shal no bro|>ir ne sistir sene otliir in prison,
y
he shal comyn and vesyteu hym, and comfordyn hym in his
powere. Also, if any bro)>ir or sistir of ))is gild dye, he shal hauc
XV. messes 8ong}n for his soule. Also, what man or woman of
ouion Uw, tulJ be

pui out.
bis gilde
'^ .
fraternite of
...
be rebel ageyne
)>is gilde tille
b*^* lawe of holy chirche, he shal
he come to amendment.
Icsc b*-
Be it open to 30W, be y presentes, y we fulliche vndirstondend

30ur lettres sent to vs, seyend on y manere, ))at we shuld send
Good* of the gild. 30W a kopy of our statuj, and also summe of our katel. We \)e
do 30W openliche to wetyn, |>at y summe of our katel is xxi..9.
viij.c?., redy to our lord y kinges wille.

51
XIX.
[The Gild of Young Scholars,] Lenne.*
Hee sunt ordinaciones et consuetudines gilde sancti Willehm.,
Lenne Episcojn.
n ])e worscliip of ihesu crist, and of his modyr seynt marye, The giid was
I and of J)e holy martir seynt Wiliam, a fraternite was be-
gonne, in J)e êr of oure lord m\ccc.lxxxo.iijo., of 3onge scolers, to
mayntene and kepen an ymage of seynt Wylyam, standyng in a
tabernakle, in ]je chirche of seynt Margarete of Lenne, fyndende

aforn }>e forseyd ymage vj. tapers of wax, brennende iche festiual
day, to ])e worschip of god and of his modyr marye, and of
seynt Wiliam J)e holy martir.
Also afterward, men seende to be deuocioun don in holy Gifts in support
- . . . .
of the gild.
chirehe, and hauende affeccioun to Jje holy martir seynt AViliam,
askynd jê fraternite, 3euende of here fre wylle, eueryche after her
power, to mayntene and to kepen J)e forseyd ymage, withe ])e
lighte, in J)e forseyd chirche, also longe as her catel myghte

endure.
pan afterward, be assent of ]>e bre])eren, 5ernende to ben Bimai services,
encresyd, to Jje worschip of god, was ordeynd J)t what bro|)er
deyed of J)e fraternite of seynt Wiliam, schulde haue of ]?e
godys of jje gilde, withe-outyn any delay, xxiiij. messis to

helpyng of his soule, and also, at ]>q day of his beriyng, eueryche
bro])ir, quiche myghte leefFully, schulde come and gon w* ])e cors
to chirche, and offren as \q maner is vsyd in ])e toun of Lenne.
Also ordeynd it was, be on assent of ])e forseyd fraternite,
* CCCX. 65. Condition of what remains, fair; but fully one-third

destroyed.
53 TIIK fJlII) OF YOrXO SCHOI.AKS,
|> quat ln|>ir foUe in to |Kucrto, bo Ioshc of |>o ho, or nny 1115*8-

H^l hapjK* of |>is won! *, he Hchulilc, foiirc tymc8 in |>c jcre, bon rclouetl
wilhc |>c j^h1) of j;iKlo, bi* on iwscntc of |k^' brc}>cren, a |>ei sowcu
hcn g*>^'v niy^hto HufTyscn.
Aliw it was onJoyml, be on assente of }>o forscyd fiiitcrnytc,
flW
III
for to hauc a spekyng to-geilyr thrc t}iiiC8 in |>c jcr :
Jkj fyrst,
Yc sonilay after seynt micncl |>e arcuungyl ;

\>c secund, )>e son-
day after \>c fcst of |>e comiersioun of seyntc poulc; j'O ))ird, after
Jkj fest of jdiilip and Jacob. In <iiiiehe dayes |>e nuiister of )je
gilde, wi|) on assent of \>c bre|>ereu, schulde sen J)^

|>c godcs of })e
dmnht gilde were spentc and kepte vppc ]>c askyng of \>e forseyd or-
dynauncys, to |>e worschip of gtd and of his modcr niarye and
of seynt Wiliani |>" holy niartir.
Anuw btg Omwi Also ordeynd it was, be on assente of \>c fraternite, \>^ )>c
general day schulde ben hcldc [yppoTi] \>c feste of relitpies, in \>c
aiKi iitttT
chirche of seynt margarete atte Lenne. In quiche feste all [\>e
breUieren] quiche niyghte leeffully comen, warned be ]>e officer
of )>e gilde, schulde come in[to a Aojnest place, honestliche and

peysiblyche to gon to J>e forseyd chirch, j)cre to here[7t a tnesse
ill] |>e worschip of god and of seynt Wiliam, offerend atte messe
as devocioun of ; and also, on Jje same day
in special, to haue a messe of requiem for [jje aoulea of alle\ j>e
bre)x;ren and |)e gode doers of j>e forseyd gilde. And alle brejjeren
[schul come to ))W messe] of requiem, to offren.

MiMioen full be Also ordevnd it was, be on assente of rbe brebern of rbe
J r
pot out of Um! gild.
liche were prouyd rebel ageyn J)e kyng, his lige lord,
[M7i]buxom a-geynes |)e lawes of *holy chirche, schulde

fauour and j>e benefis of |>e forseyd gilde
kyng, and reconsiled be holy chirche, to his sta
oOemthaD > .iVlso ordeynd it was, be on assente of jjc brejjeren,
man wyse, and a-vyse and profitabyl to |)e
a clerk, to wryten and entreu j>e name

of ))e forseyd gilde ; and also
and leeffull vsages ordeyned
a
K*" was written before "holy," but has been erased.
LYNN. 53
Also ordeynd it was

raessys, and o]>er costes
encrese of godys
.... if he
.... euericlie b
seyl of
as ]>e godes
Also, for as myche as we weren beden, be vertu of ]?e
, to certefyen 3" of godes and cLateux, we

do 5" to witen ]jat
J?^
fraternite [quiche we] haue late be-gonne,
hat; dispent in ^be chirche of seynt marejarete,

o 7
to rbe worschip
I
ah the goods of
^ ^
''
the gild have been
. .
of god and seynt Wiliam, aboute honest werkys named in Jje

spent.
forseyd ordinauncys, ]>e godes quiche han be 3ouen of \>e bre-
J)eren comend into ]?e fraternite, to be spent in ]?e ordynauncys

and Jje leefful vsages forseyd. Wherfore, as children in 5onge we hope to have
more gifts made
age, hopyng m tyme comyng to haue ben encresyd be help and to us.
counseyl of vryse men, oure godes han dispent as we han for-
seyd ; no catelle kepende, trostende, as children, withe 3iftes to
ben amendyd.
Expliciunt.
Johannes Goldsmyth est Magister et Gustos Gilde supra-

dicte.t
* In cases like the present, where a large part of the original has been
destroyed, the blanks thus left will not be filled up, as it is impossible,
where the words wanting outnumber those that are left, to restore the
former with certainty. The blanks thus appearing in the print by no
means equal what is lost in the original but they show how many lines, ;
or parts of lines, have become irrecoverable.
t These words are written in another hand and ink.

,
C4
XX.
[The Siiipmanes Gild, Lynn.*]
Statuta de Gilda Exaltacionis sanrte Crucis, vocata Shij)

imuiesgUde, de Lcnn.
yc hon'" of ihcsu cryst of hciienc, and of liis niodir Kcyiito

In
marie, and of alle holy lialwyn, and specialckc of yc exalta-
TiMgildVM cion of yc holy crouche, in Kej)tcmbre yis fratcruite is funded
began A.D. 1308.
and stabelcd, and, be ye grace of god, cuere more to lastcn, in
ye jer of ourc lord a Thousand ccc.LXViu. And yis fratcrnitc
Three meetingB schal haue iij. morwcspcches be jcre, and mo if it nede be. Yc
bftU b held every
jMr, OD dajri ferstc monve-si)cche xal be after yc drynck : ye toyer xal be ye sun-
naiiiad, or as Uie
Al4lennui thall day after candilmesse day : ye thridde xal be ye Sunday after
appoint.
ye Natiuite of sen Jon day, baptist. And if yese morwespcchyis
bc-forn inemcd be nouht holdyn at ye scrteyn day a-sygncd, ye
aldinnan xal heldyn hem at wat tymc he set3 most profyte to
Ewy brother ye g}lde. And if any broyer be somound to any morwcspcche,

miut come :u
vsery nici-Uiig, if and he be in toune, and wil nouht come, ne no leue haue of ye
able
aldirman, he xal paye a pound of wax to ye lyt3. And if yc
The Dean shall be den fayle of hys somouns, he xal paye, for euerilk broyer y*^ is
fined if be fail to
1 any. in toune and nowt somouned, iij.cZ., but if he haue grace. And
Officers chosen qwo-so be chosen in office of aldirman, and he for-sake his offyce,
and not sening,
ball be fined. he xal paye, to amendement of yc gylde, iij.5. And qwo is
chosen in office of skeueyn, and he for-sake ye office, he xal paye

New-comers sliall \].8. And ye den, xij.c/. And qwo-.so entre3 in-to thys fratcrnitc,
pay the usual
koufe- fees and he xal paye ye rytes of ye hows, at his entre, viij.cZ. y* is for to
;
ntnuioe-tDOLey.
wetene, to ye aldirman, iiij.</. ; to ye clerk, ij.cZ. ; and to ye den,
ii.d. ; and fynden two suffysaunt borwes to make payment of ye
CCCX. 156. Condition, bad ; and a fourth of the whole destroyed.

THE SHIPMANES GILD^ LYNN. 55
catel for his entre in ye ferste êr. And if any broyer of yis
.,,,.,
fraternite be cled in thys toun, ye
, , ,
den xal do come ye candelis
Services for the
dead, and
ings-
oflfer-
of ye gylde to ye dirige, and warne alle ye gylde breyeren y* ben

in toune to comyn, and go wit ye body to cbirche, and offre yere
an halpeni at ye messe for ye soule. And if ani broyer be ded The beiiman shall
summon all.
wit-owten ye toun, ye aldirman xal do ye belleman gon for ye
soule, and ye den xal somoune alle ye gylde breyeren, and don
as it is aforn-iseyd. And qwo-so is somouned, and come noulit,
he xal paye, at nest morwespeclie, to lytli, a pound of wax. And Masses for souis
of the dead.
euerilke broyer of yis fraternite y* is ded, xal haue for his soule
x\.d. to messes. And qwo-so be rebel or vn-buxum ageyn^ ye Uuruiy bretheren

shall be fined.
aldirman, in time of drynck or of morwespeche, vnskylfulleche,
he xal paye to ye lyht m].li. of wax. And if ani broyer be rebel
ageyn; oyer, he xal paye m.li. of wax. And if ani broyer of one wronging
^ _ ^ another shall be
thys fraternite here oyer ani falsed on hande, or wronore, and it
''
ti"ed, and shall
malve peace.
....
may be proued, he xal paye iij.î. of wax, and sythen make pes
to hym yt he hat3 trespased ageyn, be asent of ye aldirman and
of men of ye counseyl. And qwo-so discuret5 ye counseyl of ye Penalty for dis.
closing the affairs
gylde of yis fraternite to ani straunge man or wymman, and it of the giid.
may ben proued, or xal paye to ye lyht ij. ston of ,
wax, or lese ye fraternite tyl he may haue grace. And ordeyned The stewards shall
render an account
is, y* lye catel of yis] fraternite y* ye skeueynes xuln haue on of the goods of the
hande, '
it xal be deliuered to hem be suffisaunt borwes, and be yf^^'^
profits, at
the yearly general
meeting, under
brynofen
J CI ye
J
catel, wit ye
J
encresement, at
y '
penalty, to be paid
^
ye general morwespeche, by-forn ye alderman and ye gylde Jiieir surSie?
[breyeren. And none xal he rejbele or lettynge, so y* ye catel of
yis fraternite in no maner be lessid, vp ye peyne, of ilk a ske-
uey[?2e, of . . pound wax, or his bor] wis for hym. Also ordeyned No giid-brother
. .
shall give pledge
IS, yat no broyer of yis fraternite xal gene no wed an borw on or become surety
for another, in any
oyer
*'
in til no plase, for dette ne for piea or suit, with-
out leave of tlie
trespace, ne for non oyer cause, tyl swilk tyme y* he hat5. Alderman and
of yis fraternite, and to ye breyeren y* ben
chef of ye counseyl. And ye alderman and ye TheAiderman,&c.,

. shall do their best
And if yei moun nowt acorden hem, ye to adjust tiie
quarrel but, if
;
alderman xal geuen hem leue to make Iher suyt at ye commune unable, simii give
leave to malve
law.'\ And qwo-so do nowt as it is aforn iseyd, he xal paye to suit at law.
66 TllK 81IIP)1ANKS GILD,
}*c Ivhtj aston [of irojr. Ju/ onirt/n4î is, t/ y** ahlinnnn] xal
bauCf cucro-ilk day wil yc tlrynok l<>Mtct3, ij. ûIouiih of ale ; ilk
imkv[urynf^ j. galoun ; ye clerk. atul ye detie, .... Atul]
onlcyiietl in, y* if uni hroycr of yis frntcrnito W in poucrtc, or in

ani mysch[riA so y* he may notat of hya oioaie /do/jpni h\u\-
self, yau xal he bon holpyn wit yc coinuuii ciitel of
ycreii, nnd wit here owyn catcl if it node l>o.
Also on\[eynefi iw, / cuciri/k broycr of yis <jyhle\ xal payc to

wmtm tot ymry
yc lylit^, for ilk a fare, vj.t/. ; and he
BO vo}9 ads. and maket3 no fare, he xal paye, be ^cre, to am
Hm a)<!hamber ye ale lytj, wit-outcn leuc of men of ye offis
el to b* atarad.
alderman is chcsen in his offys he xal
frateniite and ye statutis y^ ben
Vwm. .... qwan ye alderman i3
.... and alle ye men y'
.... for to hel]>yn and inayn

.... ye olde aldirman xal
. . . . te make ani d
not fulfillyn it, he xal

rj'set} but men of offys. And qwo-so
New. fraternite, for to ben a broyer of yis gylde,
wtetalw to oooM
toUMyarty a broyer of yis fraternite, xal come eucrc-ilk a 3cr, qwan he is
nwitliî. if at
kooM, aod must in tonne, same 3ere, and paye yerfore
alw tbair pay.
as ye ordinance is; and qwo-so do nowt as it is afom iseyd, he
xal paye, to amendement of ye [Î'We], \yli. of wax, or lese yc

The IhrfTT-hood fraternite. Also y* euereilk a broyer xal kepe hys hod of lyuere
riMll be kept for
tu jean. of jis gj'lde be two > vp ye peyne for to
paye two pound of wax, or lose yc fraternite. Al-so, if ani

Oa death of a broyer of yis gylde be dede, ye den xal warn \alle ye] gylde
broOier, aO the
nrt ilnD be aum- breyeren yt be in toune, for to takyn on here hodis yt ben
niooed, and sbaJl
cone to the aer.
lee In tbeir livery.
ordeyned of lyuere for ye gylde of ye same 3cre, and com en to
lModi,and make
onenii^ [ifiesse] and offere as it is afom iseyd. And qwo-so is somouned,
and come nowt, but if he haue leue of ye Aldirman, he xal paye,
to [awie/ijdemcnt of ye gilde, j. pound of wax, or lese ye fra-
None shall leave

imtil the eenrice
ternite. And orde^Tied is, y^ ilk a broyer y*^ is in toune, and
bdoae. comet3 to ye offrende, he xal dwelle to ye messe be don, and gon
LYNN. 57
horn wit ye aldirman. And qwo-so make defaute, and do nouht Fine for default.
as it is aforn-iseyd, but if he haue leue of ye aldirman, he xal

paye a pound of wax, or lese ye fraternite.
In festo sancti Dunstani, Episcopi, anno Domini m.ccco. a new ordinance,

A.D. 1381.
Lxxxô. primo : Ordeyned is, y* if ani broyer of yis fraternite Burial service in
be ded wit^-outen ye toun of Lynne, yan xal ilk a broyer of yis brother dying out-
. . .
side the town.
fraternite y"^ is in yt place, xal comyn and gon wit ye cors to
cherche, worchepefulleke, and offere yere an halpeni, and be yere

tyl he be beried. And qwo-so do nowt as it is aforn-iseyd, he
xal paye, to amendement of yis fraternite, ij. pound of wax, or

lese ye fraternite.
In festo sancti bartholomei apostoli, anno domini Mo.ccco. Anothemew or-

dinance, a. d.i382.
Lxxxijo. :
Ordeyned is, y* ani broyer of yis fraternite be dede in Burial service for
west Lynne, or in south Lenne, ye den xal do comen ye west Lynn or

. South Lynn.
torches of ye gylde to ye dirige, and warnen alle ye gylde
breyeren y* ben in toune, and gon and don as it is aforn iseyd.
[Traces of two lines more are found on this return ; but

nothing can be made out, save that the goods of the gild were
there named.]
.
58
XXI.
[Gild of the Nativity of St. Joux the Baptist,] Lenne.*
Tn yc worchipc of ihesu crist of hcucu, nnd of his dcr worthi

-- moiler seynt marc, ami of all hallowcn, an<l spccialykc
of ye Natiuitc of seyut Jone yc Baptist, in (ûosc worchipe yis
Tbr mcvtinpt fratorwitc is bc-gunuen, be yc sent of alle ye breyercn and systers
ymf lowfatdi of îs gildc, to liauc yre niorn.spechcs be ye sere. Ye fyrst sclial
be ye next souneday after ye general day : yc secunde schal 1)C

panaliy.
ye souneday be-fore liallonicse day : ye jtc schal ben ye souneday
be-for Pentecost. Also, if auny broyer or sister be somonde to
anny of yis mornspeches, and he be in tone, and wil noght come,
(#ifc) ne make non attume for home\ ne non leue axken of ye Alder-
man, he schal pay, to ameudement of ye lyght, di. pounde of
Tii uean ). .11 \<e waxc, bot if he haue crace.
'^
And ye
if J deen faylith
J of his
fin**!. Jf he 'ail to
tumB>ann\.
Ncw-eoaMn
HortfMtuuaJ
aiiAll . .111'
Romonsc, for eucry broyer or syster,
to yis fratcrnitc, he schal
j.c/. And who-so
pay to ye ryghtes of ye hous
entres in
;
yt is
for to say, to ye Alderman, yd. ;

ye clerk, ob. ; ye deen, ob. ; and
dMd'aiida^ ^ y^ waxe, ob. And if anny broyer or syster of yis gilde be

^ dede, ye deen schal brynge ye candeles of ye gilde to ye diryge,
and warn all ye breyeren and systers of ye gilde to come offere
wyth ye dede a q''., and a q"". to ye almes. And he y*' offers noght
for ye dede, he schal paye, to amendement of ye lyght, j.c/.And
T - J*. who-80 be-wreys ye counseil of ye gilde to anny straunge man or
*' "v . ..
woman, and hit may be prouid be anny broyer or sister of yis
gilde, he schul pay, to amendement of ye lyght, a pounde of

OfBeen cfaoKn, waxc. And if ye AldeiTnan be chosen, [and yarjsake is office,
Sd/bs fÎi!^'
he schal pay, to ii[7nender)ient] of ye lyght, ij. pounde of waxe;
CCCX. 165. Condition, bad.

GILD OF THE NATIVITY OF ST. JOHN THE BAPTIST, LYNN. 59
eiyer skyueyn, di. pounde ; and ye deeu, di. pounde of waxe.

And if anny broyer or sister be dede of yis gilde, he schal haue Masses for souls
messes for his

p , .
-If
soule, of ye propere
If
cattel of
'IT'his
ye glide, y* for
of the dead.
to weten, xij. messes. And who-so entres in to ye chaumbre yer The aie-chambcr
not to be entered.
ye ale lyth in, and askes no leue of ye officers of ye gilde, he
schal pay, to amendement of ye lyght, j.d., bot he haue grace.
Also, ye deen schal haue for his travayle, be ye 3ere, vj.d ;
ye salaries of the
... . , . Dean and the
clerk, viij.c?. Also, ye skeueyns y'^ hath ye catel of ye gilde, yei cierk.
schal fynde borowes of ye catel, to bryng ye Alderman

...
and ye glide breyeren and systers atte ye general mornspeche
hit before
j
find sureties lor
the goods of tlie
giid, and render an
account at the
and he do noght, he schal pay, to amendement of ye lyght,
if
o ii.
o ./
yearly general
^
./
meeting.
pounde of waxe, bot if he haue grace. And y* no man dwelle No man shall stay
longer in ye hous yer ye gilde his holden in, yen ye Alderman, after the Aider.
man has left.
He y* doth, schal pay, to amendement of ye lyth, j.d., bot he
haue grace. And ye Alderman schal haue, for his ffesse in tyme Allowances to the
on feast
officers
of drynkyng, ij. galons of ale : euery skeueyn a galon : ye clerk <iays, and to sick
a potel and ye deen a potel.

^
Also, if anny broyer or syster be
bretheren and
sistereu.
j
seke, in tyme of drynkyn, he schal haue a potel of ale. Also, if
anny broyer or syster fallyth in pouerte, and may noght helpe

^
Help to poor
bretheren and
hym-selfe, he schal haue, of euery broyer and syster, atte every s'steren.
mornspeche, j.d. And who-so entret^ into yis fraternite, he Entrance money.
schal pay for his entre ij.s., and fynde ij. borowes for ye catelle.
Johannes Tyring;touii ") Sunt custodes dicte The stewards of

^
* I
,
the gild.
Robertus Thornegge > gilde ; et habent,
Willelmus ftblkarde J de bonis ejusdem,...
;
60
XXTT
[Gild of St. Thomas of Canterbury,] Lenne.*
TT'esc Wn yc statu.s off ye pylcle of scynt Thomas of cauntyr-

* l>ury. And ordeynyd it is, yat yis g}'lde ehal hauc iiij.
jmr. to whirh all morwe-spcces be ye jere. Ye fyrst morwe-speche shal ben yc

MM cnts*. under
soneday next aftjT ye drynkynge : ye next shal ben ye soneday
bo-fom halwenicsse day : ye yreddc shal ben on ye soneday
be-fom Laninies day : ye ferde slial ben yc soneday be-forn
wyth-soiinday. And ho-so ys soniownd to ycse morwe-specys,
and yci ben in towne, and wil nowt come, he shal pay, to
amcndement of ye gylde, half a pownd of wax. Ajid who-so
entrys in to y" fratemete, he shal pay to ye ry3tys of ye hous;
yat is for to say, to ye alderman, j.r/.
;
ye den, ob. ;
ye clerk, ob.;
ye wax, ob. And ho-so komys aftyr prime be smytyn, he xal

pay, to amendcment of ye ly3the, ].d. And what broyer or syster
of yis gilde be ded, ye den shal don ye candelys of ye gylde to
I for the ye d}Tyge ; and euery broyer and syster shal offeryn ij. q^^tre
dead, and ofliBr'
and j.
qi" to ye almes : and he yat offeryt nowt, he schal at
ye next morwe-speche, to ye helpynge of ye ly^th, j.d. And
>Ii for the who-so be ded of yis gilde, he shal hauc messys for his soule
Suratieeand en- xxvj. And who-so entrys into yis fraternite, he shal pay to ye
teanea-mooer of
rj^thys of ye hous, and fynde to Borwys of ye catel, and he
shal payen for hys entre xl.r/. And ye ald}Tman shal haue,
AOowaaoei to the euery day, to hys fyse, tyl yc dr^Tik lastcs, ij. galonys of ale
OD feaft
ofltoen
dayik euery skeucn, a galon ;
ye clerk, j. potel ;
yc den, j. potel. And
Help to the poor. who yat fallyth in pouerert, and askyth hclpe of yc gilde, euery
broyer and syster of ye gylde shal gyue, every monvespeche, j.cZ.
CCCX. 167. Condition, bad; a part destroyed.

GILD -OP ST. THOMAS OF CANTERBURY, LYNN. 61
And who -so ys cho3yn in office of aldyrman, and he for-sake Officers clioscn,
and not serving,
hys office, he shal pay, to amendement of ye ly3th, ij. pownd slicvll be fined.
of wax ; euery* skeueyn a pownd of wax ; and ye den di. pound

of wax. And who-so be [seke\ in tyme of drynkyng, he shal Allowances to the
sick.
have o[ne galouri] of ale. And who-so make any noyse [in No noise to be
made during feast-
tyme of dryn']\Ljn^, wher-thorw ye breyere and [^sister en shul time.
he'] greuyd, he shal pay, to amende [meî^ of the ly^th,] di.
pound of wax. And ordeynî/d it is, yat the skeueyns] shul The Stewards shall
render an account
brygge ye catel of ye \cjylde, atte general morwe-speche,] be- of the goods of the
gild at the general
meeting.
forn ye aldyi-man [and ye gylde hreyeren and systeren,'] ope
ye peyne of [ And 'îf ye] den falyeth of hys The Dean shall be
fined he fail to
if
[soraouns, he shal pay, for] euery man and womman [ summoiv any.
And who-so be-ivrayeth] ye counseyl of ye gilde [to anny Penalty for be-
wraying the affairs
straunge man or womman,] he schal pay, to amende [men< of of the gild.
the gylde, .. ..pound] of wax. And who-so entrye[5 into ye

chaumbre] yer ye ale lyggys in, wyth-oute le[ue of ye oncers] The ale- chamber
not to be entered.
he shal pay, to amendement of ye lyght, di. pound of wax.
And yat noman sitte lenger yan ye alderman, in payn of a No man shall sit
at feast longer
pownd of wax. than the Alder-
man.
Ricardus Harpole Custodes dicte Gilde, The Stewards, and

the goods of the
gild.
Willelmus ffolkarde habent, equis por-
Johannes Patyrmak tionibus, de bonis
Rogerus Broun dicte Gilde, xl.s.
* This word is written twice over in the original.

<tt
XXIII.
[Gild of St. Peter,] Lenne.*
The fiM WM 'T^lib ys ye sUtu^ of yc gyklc of ye holy apostyl scntc peter,

bc^n A.D. 1329.
by-guiiuyn in yc toune of Lenne, in ye wrcliepe of god
and of oure lauedi sente marie, and of ye holy aj)ostyl sentc
l)eter, in ye yere of oure lord mo.ccco.xx. nono.t And yis gyld
sehal haue foure morne-spechis in ye yer. Ye frist schal bene

riallblwldcTai7
jrcar: mtaadior after ye drynkyng : ye sccund schal ben ye sonday nest be-fore
broUwrand tbtcr niielmes day : ye th}Td schal be ye sonday nest be-fore candel-
tbmU paJ half.
paHQT* lowardi
mes day : ye ferd schal be ye sonday nest be-fore sent austenis
S^t bumtng day in may. .^Vnd at euery morne-speche, eueriche broyer and
daring di Tine
Knk.
syster yt long}'the to yis gyld schal pey an haljieny, to meyteyn
wit-al a lythc brcnuyngc in ye chyrche of sent Janie, a-forc ye
}Tnage of sent i>etcr, ye quile yat deuine seruise is seyd in
PlmaJty for not festiual dayys. And quo-so be somund to any morne-speche,
coming to any
and he be in toune, and wyl not come, ne make non aturne
for hym, he schal a pcny to yc lythe. And if ye dene
The Dan dial) be faly of hys somonis, he schal peyyn, for eueriche y* is not
flncd. if he fail
to summon any. somonde, j. peny to y lythe. And eueril yere schal ye alderman
Oflken dtall be clepyn up iiij, men of y^ gyld, to cliesyn an alderman, skyucyns,
cbown by picked
and den, yt ben profeth-abil to ye gyld. And if any of hem y*
OflloMB dioaen, is schos^Ti for-sake is off'yse, he schal peyyn to y lythe :
yt is
and notaenring,
riwU be fined. forwetju, ye alderman, j. pound of wax ; eueriche skeueyn, di. li,
Serrioes for the wax ; and ye dene, a quarter. And if any broyer or syster of y^
dead, and offer-
g}'ld be ded, ye den schal do comen y candelis to y dyrige,
and somon al y^ cumpanye for to gone wit y^ corse to chirche
* CCCX. i68. Condition, very bad.

t The MS. ifl so much damaged that I cannot be certain whether the
date is not M.ccc.xxxix, instead of M.ccc.xxix.
;
GILD OF ST. PETER, LYNN. 63
and ofFeryn. And if he ne wil come, and he be in hele and in Any one not
coming, if able,
toune, he schal peyyn, at nest morne-spech, to y almes for is ^^^^ ^^ fi"ed.
soule, ij. pens. And eueriche broyer and syster y* is ded of Masses for the
ye gyld, he schal haue for is soule xxî messis. And y alder-

man and ye skeueynis schullyn do synge ye messis wit-in y^
thyrd day after he is ded,y on Jye Iperile of here soulis. And The Alderman
, , ,
sliall deliver the
ordeynid it is, y* y catel of ys oj
o-yld y^ alderman schal delyuere goof^s to the
^ "^ '' ^ ^ >!
Stewards, upon
'''
to ye skeueynis, be sufficient borus to brynofyn
J nj y catel aoêine
J o
^"'^ty given to
render account
at ye general morne-speche, be-fore ye alderman and y gyld *.ea[.p^ eLerai
"êtuig.
bretheryn,
J of peyyne
JJ of
^ i-
ii. li.
J
wax. And ye alderman schal hauen,
J '
Allowances to the
^
eueriche day ye qwile ye general drynkkynge lestyt, ij. galonis on feast

officers
hale for is fees ; eueriche skeueyne, j. galon ; and ye den, j. potel;
and ye clerke,'^
i.
J
potel.
r And quo-so
M eyld, he
enter into Jyis ^J New-comers shaii
>
undertake to keep
schal makyn *''''
feythe to ye alderman for holdyn of yeyse statutis J J J
:
t'^^se statutes
and shall at once
and sythen
J
peyyn
r J J ye rythys
J J J
of Jye house } Jy* : is for wetyn,
J to Jye p^y "^"^^
^^'^
^
^ house-fees and, ;
alderman, j. peny ; ye clerk, j. peny ; ye den, 6b. ^ and to ye wax, shaii payhe^'
oh. : and sythen mak god hys entrees, if ye cumpanye and he is
or fiud^su?^tieZ'
acordid, or elis fyndyn borws to peyyn w*-ynne certeyn dayis.
And ye dene schal haue, for is traualye in ye êre, vj.c?. And The Dean's salary,
also ordeynid it is, y* qwat broyer or syster here oyer ani falsed Any brother or
sister wronging
or ani wronge on hande, or
*=> ' ,
'
and it another, shall be
fined,
may be prouyd be men of ye self gyld, he schal payjTi, to ye
reparacion of ye lythe, di. li. wax. And qwat broyer or syster Help to poor
bretheren.
falle in pouerte, and may nout helpe hym-self, yanne schullyn ye
breyeryn and ye systeryn helpyn hym of here almesse.
3is is ye verye copie of ye gylde of sent Petyr ye apostyle. This is a true
holdyn in Lene afore-seyde, wrytyn on ye feste of seynte hillari, j^'tten on i3tii
Anno Domini millesimo ccco octogesimo octavo.
[A list of some names, with other memoranda, follow the

above in the original ; but they have become entirely il-
legible.]
64
XXIV.
[Gild of the Puhification,] Lenne.*
'^phys yn the Gyltlc of the Purificaciou of owrc laucdy sciut

- iimrie. byjûnyn in the tounc of Lcnnc, in the wonhypc
of ginl nnd of oure hiucily scint marie : and it schal hen lioKlyn
itefMikan on caudehncsse day. And thys gylde sehal han iij. niorwc-
iMdi^y .MdhaTt. 8|x?ch}*8 be ycFC. The fyrste schal ben on seint Blasyes day :
the sccounde selial be tlie soncday nexte after the feste of
seinte Barnabe apostole : the thrydde selial be the soneday

after the feste of seint Dyonisii. And cuery yer schal the
OflkOTiilMlIb* Aldrnnan callyn vp fourc men of the gylde bretheryn, for to
chesyn ahhrnian and skyueyuys that ben profitable for the

Ciylde. And if any of hem that arue ehosyn forsake the office,
he schal paye, to amendement of the Gylde, x\].cl. And if any

ifartlw brothyr or syster be deed, the Deen schal do comyn the candelys
of the Gylde to the dirige, and euery brothyr and systyr schal
offcre j.qf. for hys soule. And euery brothyr and systyr that
MaMMforUM deed ys, schal han, of the catelle of the g}'lde, xl. messes, wyth-
I.
ynne the thrydde day after hyse deth. And who-so entrc into
Entnu>o-iiiotic]r
of iww-oai.
this fTratemite, he schal paye, to the amendement of the gylde,
UctotottioMin xl.t/. Also, if any brothyr or systyr of this gylde be in mescheef,
euery brothyr and systyr schal yeuyn hym iiij.cZ. yche yer, tyl he
may helpyn hym -self.
llNAldraMiafid Walter Gloucre, Aldirman.
tofUMsOd. Wiliam Gedyngton Skeueynys ; and han
Johannes Payabele in hande, of the
Rogerus Folsham catelle of the Gylde,
Willelmus Waltham xxxviij.5. viij.cZ.
CCCX. 185. Condition, good.

65
XXV.
[Gild of St. Mary,] Lenne.*
Tn ye worchippe of iliesu crist of heuene, and of his dere

-*- worthi moder seyut mare, and of ye Purificacioun, in
quose worchippe yis fraternite is be-gonone. Be ye sent of ye Four meetin RS
, , , p M 1 i T 1 1 shall be lield every
breyere and ye systeres ot ye glide, to haiie iiij. mornspeches be year ; to each of
which every
ye 3ere. Ye fyrst mornspeche schal be on ye general day, after brother and sister
must come, under
mete : ye secunde schal be on ye souneday next after seynt penalty.
Dunstoun day in may : ye yre schal be ye souneday next after

seynt Mathevv day : ye ferde schal be on ye souneday be-forn
seynt Thomas day be-for Cristenmes day. And al-so if anny
broyer or syster be somonde to anny of yis mornspeches, and
he be in toune, and wil noght come, ne make non attune for hym,
ne non leue askyn of ye alderman, he schal pay, to amende-
ment of ye lyght, di. pounde of wax, bot he haue grace. And if The Dean shall bo
ye deen faylith of his somonse, he schal pay, for euery broyer or summon any.
sister, j.c/. And who entres in to yis fraternite, he schal pay ye New-comers simii
ryghtes of ye hous ;
y* is for to say, to ye Alderman, j.d. ;
ye house-fees.
clerk, ob. ;
ye deen, ob. j and ye waxe, ob. And if anny broyer Services for the
or sister of yis
r- 11111
glide be dede, ye deen
1 111
schal brynge ye
candeles
dead, and
ofternigs.
of ye gilde to ye dirige, and warn al ye breyere and sistere to
come ofter, wit ye dede a q^, and a q^ to ye almes : and he y^
offeres noght for ye dede, he schal pay, to amendement of ye

lyght, And who-so be-wreys ye counseyl of yis gilde to
j.c^. Penalty for be-
-
, ^ 1 /.
wraying the affairs
anny straunge man or woman, he sal pay, to amendement oi
,
ofthegiid.
ye lyght, a pounde of waxe. And if ye Alderman be chosyn Officers chosen,
and he for-sake is offece, he schal pay, to amendement of ye shaiipnyaiine.'
* CCCX. 203. Condition, bad.

OII.D OF ST. MARY, I.YNN.
lypht, ij. |KUiiulo of wii\ , ivorj* wkcuyn, di. pouml ;

yc don,
k </. |Munlf i.f wax. Ami if unuy broyer or 8yUr of yis fîlilo
Ih? tli^lf. \\v Holml Imue nii'MiWH for his soulc of yc projuTe catel
of yc jpKlo, y* 10 for to wcton xij. messes. And whoso entrea
iwy-feitfk in to yc chaunilierc yer yc ale lyth iu, and oskes nou leue of
yc oflfefters of ye gilde, he sclml pay, to ainendciiient of ye ly;;Iit,
Mteteruw \.d,, bot he baue in*ace. Also, ye deeii schal haue for his trauiiyle,
rwtk. be ye jcre, vj.c/. ;

ye clerk, viij.</. Also, yc skeuens y^ hath yo
catalle of yc gîldc, yci st-hal fynd Ixirowcs for ye cntnlle, to bryug

hit bc-for yc Aldcnuan and ye gild brcyerc and sisters of yis
gilde atte general mornspcchc. He y^ do noght, he schal pay, to

anicndoment of ye lyght, ij. poiinde of wax, bot if he have grace.
KomamitmBmrnj And v^ no man dwellc in yc hous ycr yc gilde his holden in,
AA
BfiviiM AMw
Mn.
lenger yen yc
mcnt of lyght,
Aldemmn
j.(/.,
: he y^ doth, he schal pay, to amende-
bot he have grace. And ye Aldennan schal
AOomacMtoUM hauc to bis fesse, in tyme of drynkyn, ij. galons of ale; eucry
0BOOTI OM MMC*
S&^lUf^ skeuen, a galoun ;

ye clerk, a j)otcl ; and ye Deen, a potol.
'*'- Also, if anny broyer or systcr be sekc, of yis gilde, in tynie
of drynkyng, he schal banc a potel of ale. Also, if anny broyer
L*i^MM*^ '" ^y^^^'' ^^ y^ gilde fallyth in poucrte, and may noght helpc
b^Tii-sclfc, he schal hauc, of eucry broyer or sister, atte ilk a
momspeche, a peny. And who-so entres in to yis fratemite, he
schal pay for is entre \].8., and fynd ij. borowes for ye catalle.
OoodioriiMgad. Robcrtus Thornegge, custos ejusdem [(fUde\y
babet, de bonis, v. 5.
07
XXVI.
[Gild of St. Katherine,] Lenne.*
rpheyse arne the ordinaunces of the Gylde of Seynt Katerine

-*- the virgine, of Lenne, ordeynyd be the assent of the
bretheryn in the fyrste fundacion ; that the brethere and the a candle shall bo
, /-s, . 1 o ^^^P*burning in
systres of the seyde Gylde, in the reuerence of god and alle the church of yt.
Margaret ; and on
halwyn, and specialy of seynte katerine, schulne fyndyn an the feast of st.
Katherine offer-
candele brennennde, in the worchype of god and of seynte ings shall be
katerine, in the Chyrche of seynte margarete of Lenne ; where,

euery feste of the seyde maydyn, alle the bretheryn schun comyn,
and offeryn at the heye messe. And they schun holdyn, euery Four days of
yer, foure dayes of spekyngges tokedere for here comune profyte. shaii be^heid every
year ; to each of
The fyrste schal
*'
ben the nexte day
V
after the feste of seynt
^
which every
brother and sister
katerine : the secounde schal ben the soneday nexte befor the ^
"^^^t ^^^^' ""^^'^
penalty.
feste of seynt Gregory : the thrydde schal ben the soneday
befor the feste of seynt Jon Baptiste : the ffeerde schal ben the
soneday nexte aftyr the feste of seynt mychelle. And if any

brothyr or systjrr be warnyd to comyn, and wyle nought comyn,
at ony of theyse dayes, he schal pay en, to the amendemente
of the wax, j.c?. Also, quat brothyr or systyr schal comyn into New-comers shall
this fraternite, he schal payen, to the sustentacion of this gylde, each.
V.5., quanne that he may resonabely. Also, if any brothyr be officers chosen,
chosyn in office of Alderman, or Skeveynys, and he forsake it shall pay a fine.'
with-outen cause resenable, he schal paye to the wax vj.c?. Also, Two torches shaii
quat brothyr or systyr be

,.,
deed witn-ynne Lenne,
lAiT
the Aldirman
be kept burning
about the body
.. of every dead
of this gylde schal doon beryn ij. torches, foundyn of the comune brother or sister,
* CCCX. 22^. Condition, good ; but a corner destroyed.

01 LD or ST. KATIIERINE, LYNN.
cotic, to the plc there the iKhmI \nn\y in yuiw, in l.ivnnyii
aboutvn the Uxly the tynio of the tliri^T ami tif the hkhhc, tyl
Uic Uxly ia byryiti, in worchyiHJ of gixl and of Boyiit kuteriiK*.
AIjk). cucr)- bi\>lhyr aiu! Hystyr schal offcryii for tlic soule, in the
worcliyiHJ of gotl and holy Cliyrche, yob. Also, cuory brothyr

riMi
and systyr that doycth schal hun xxx. messes, of the coniunc
of thvs GvUlo. for hvse soule.
1W Petrus TaiK'ser Sunt CustodcH Gildc su-

^Villclnuls Winlylle I>ra<licto, et habeut in
liobcrtiis SolKTiiian ' nianibuH Huis, ile bonis
AVilklinus Lowyk dicte Gildt', xxx[iij.6'.]
Rauulphus Watyilcdere iiij.(/.,cquisportionibu8.
Sumnia bouorum Gilde, xxxiij^^. iiij.t/.

69
XXVII.
[Gild of St. JamesJ Lenne.*
Tn ye worchipe of ihesu cryst of heuene, and of his der worthi

-^ moder seynt mare, and of al halwen, and specilike of
seynt Jame, in quose "wjrrschepe yis fraternite is be-gunnen.
Be ye sent of alle ye breyere and systers of yis gilde, for Four meetings
,,....
to haue iiij.
,
morn-specnes be ye
,
5ere.
-XT
Ye
o
lyrst
1
morn-specne
1 shall be held every
year; to each of
wliicli Gvcrv
schal be ye souneday next after ye drynkyng : ye secunde brother and sister
must come, under
schal be ye souneday next after halumesday : ye threde schal penalty.
be ye souneday next after Fastyngonge : ye ferde schal be ye

souneday next after ye trinite. Also, if anny broyer or sister
be somonde to anny of yis mornspheches, and yei be in toune, and

wil noght come, ne make non att^'ne, ne non leue aske of ye Alder-
man, he schal pay, to amendement of ye lyght, di. pounde of
wax, bot he haue better grace. And if ye Den faylith of his The Dean shall be
. - , fined he fail to
if
somons, for euery broyer or sister, a peny. And wno-so entres summon any.
^^
in to yis fraternite, he schal pay ye ryghtes of ye hous : y* is for payVhe"isuai
to say, to ye Alderman, a peny ; Clerk, ob. , Den, oh. ; and ye

wax, oh. And if anny broyer or sister of yis gilde be dede, ye Services for the
Den schal brynge ye candeles of ye gylde to ye Dirige, and warn oiferings.
al ye breyere and systere of ye gilde come ofter with ye dede a

fardyng, and a fardyng to ye almes. And he y* ofter noght, he
schal pay, to amendement of ye lyght, a peny. And who-so be- Penalty for be-
,..,,,
wreys ye counsel oi yis glide to
,
anny straunge mon or woman,

wraying the atlairs
of the gild.
and hit may be prouid be anny broyer or syster, he schal pay,

to amendement of ye lyght, a pounde of [wax], bot if he haue
grace. And if ye alderman be chosen, and he for-sake his olBfice,
* CCCX. 227. Condition, very bad.

70 OILD OF ST. JAMKS, I.YNN.
he icKiil |uiy, to mriulemcnt of yc Iv^lit, n p<inul' of wnx ;
fjmtam. tntTj kcuo}Tic, (li. |>ouiule ; ftinl yc iVn, f/. |uMnulo of wax.
AikI if tkuny broycr or svHtcr ]>o <lr<lo of yis pMo, ho schul hnuo
fte
mcwrn for hi noulc, of yc pro|>erc cuttd of yc jjilde, yt is to
weten, xxx. mcc. And who-so cntre in to yc clmumbrc ycr yc

lit^kmmkm ale lyth in, and ankos non Icuc of yc offeccrs of ye jîldc, he schal
pay, to anicndoment of yc gildc, a pony, bot if In* liinw fp-arc.
Aft^wiweriiM Also ye den schal haue for his travaylc, be jcre, \yl. Also yc
tT* clerk schal hauc for his trauayle, be yc 3ere, viij.(/. Also ye
TV**wa Miaii skeueus y* haue yc cntel of yc gildc, yei schul fyndcs borowcs
HwttM far
flad
^^tj^"*!** for ye catol, to bryngc hitt be-for yc alderman and ye gildc
broyere and systcrs atte general moru.sj)cche ; and if yei do
JJJJ'^JjJJ'**'**
""' noght, he schal pay, to amendcnient of yc lyght, ij. poundc of
wax, bot if he haue grace. And y^ no man dwellc lenger in yc
fa^kTSidh^!?'
hous yer ye gildc is holden in, yen ye Alderman : he y* doth, he
ÔTjjJbcaMOTBM
g<.]jj4i pay^ {q amendcmcnt of ye lyght, iyf., bot if he liiiuc
AOovMicM to Um CTace. And ve aldennan schal haue to his fesse, in tvnie of

d>jxn<itokfc dr^nkj-n, ij. galouns of ale ; eyer skeuen, a galoun ye Clerk, a
;
** potel ; and ye den, a potel. And if anny broyer or sister of
yis gildc be seke, in tyme of drynkyng, he schal haue a potel of

" anny broyer or sister fallyth in pouerte, and may
x ii LIT-^
^'^' -^^^^^f if
noght belpe is-selfe, he schal haue, of ilke broyer and sister, at
ilk a momspeche, a peny. And qwo-so entres in to yis fra-

temite, he schal pay [/or is entre . . s.], and fynde ij. borowcs
for ye catcL
Tht ilcwarda. and Johannes T^Tingtoun cjusdcm gildc sunt custodcs,

PNKb of Um giid. |
Johannes Thorueggc / et Labent, de bonis, xxxs.

71
XXVIII.
[Gild of the Nativity of St. John Baptist,] Lenne.*
rpliese arn the ordenaunce of ye gilde of ye Natiuite of seint The giid was
^suqa.d.
-*- Johan Babtiste, founden and ordeynd ye 5ere of hour
lord ihesu mIccc. and sextene. ffirst, yere schulen been holden Tiiree meetings
yre morunspeche be ye 5ere. Ye first shal been ye next day year; to wiiicir'^
aftere ye general day ye secunde shal been ye Sunday next aftere

: sister nmst'come,
ye fest of seint martyn : ye tridde shal been ye Sunday fowr-

tenyt5 aftere hestern. And if ony brothere or sistere be somound
to is morunspeche, and wil nouht comen, ne make non attourne
for him, he shal paye, to amendment of ye li3t, ij.d. And
ordeynd it is, that eueriche yere, at ye general morunspeche^ officers siiaii be
ye
ill 1-11
Alderman shal clepen vp

iiij. men : and
1*111
shul chesyn an
yei
clioseu by picked
men.
Alderman, skyueyns, and deen, qweche yat yei seen is most pro-
fitable to meyntene ye gilde, to ye worschipe of god and of
seint Johan. And if ony of hem yat is chosen, for-sake is office, officers chosen,
and wyl nouht doon, he shal payen to amendement of ye li^t ; shall pay a^fiue.'
yat is for to witen, ye Alderman, ij.li. wax ; ey there skyueyn,

}.li. ; ye deen, di. li. Also ordeynd it is, yat ye skyuens shal The stewards shall
hauen ye Catelle of yis gilde, shul fyndeen ij. sufficiaunt3 borwes, the goods of tiie
to brynge ye catelle, at general morunspeche, by-forn ye alderman an account at the
and ye gylde bretheren, vp ye payn of ij.li, wax, to amendement meeting.
of ye li3t ; and, ofyr yat, yei shul pursu for her Catelle in qwat
cowrte yat hem liste. Also ordeynd it is, yat eueriche nyth Every feast shaii
^^^
qwil drynkynd lastet^ at ye general time, yei shul liaue ye prayer."
preyeers for ye pees and ye state of holy chirche, and for ye
* CCCX. 82. Condition, fair; but nearly one-third destroyed.

7S OILD OF THE NATIVITY OK ST. JOHN liMilvT.
pel mod ym tttie of } loml ; ami yer-qwilc hlml yo CaiKhlU' yiit
luogrt) to yc i^xUU* hminyn^'; bihI <jwut nuin iimkot^ ony iuwkc

I tRaaUrMk in yt time, he slml iyt\ to ye amciulrincnt of y' li/.t, ij.rf. Also,
qwmt bn^vere or sihtore iloyo i)f yin jîKlf, yc tUvn slml do come yc
Candello to ye Dirige, nn<l warn allc ye hreyeren anl Historefl
yat yerto lougetj, for to Ixn redy to beryu him to chirehe,

and ofTren an ob. for is sowle ; ami if he doot3 [twuI qw]i\t
IB a-foni seyd, he shal paye, to a-mcndcmcnt of yc lytj, di. ii.
wmx [btU if he] haue a resonahle excusacioun. Also (pvat

broyere or sistcre entretj [into yis f/ihie, fie] shal make frytli
to ye alderman to meynten ycis ordinftun[cej*, a7id sluil yayc.
all thf\ rites of ye hous; as is for to-witcn, to yc Alderman. '\yL
\to ntenrhe skijtteijn, j.d. ; to ye. clcrh^ yd. ; to yc deeu, j.(/. ; and
8}'then paye for his entre
de<l, or elles fyndeen borwes for to j)aycn in cc
Maaat for HMi* bc dcd of vis trilde, he schal xxx, messis for
50 messis shul Ijeen songen w*
kfûmwmm to shal hauen for is fees l>e 3C
^y\- ueyn a galoun ;

ye Decn a
Tb* ivm than bt And if ye Deen faliet;
Incd. If be lil to
mmmmmuKi. and sisterc yat is in
and sisterc shal pay

yc worsiiKJ of god
noman be rebelle
ne non gilde broycr

peyne of di. li. wax
ye selue lyt3 yat is a
songe is seyd in fcstiual dayes
Th* broyere and
eri h*ii jro
lo diurth in pro-
\Al8o,
L
orlde>iid
J J it 'Jyat
is, eueriche J sisterc shal
ot<Mrffi. on the ]ê redy at ye hous qwere yat he gilde is holde, on ye general
ISThi?****'"^'
['^''*}]' ^^^ *^^ 8^ ^^ y^ chirehe, ij. and ij., w' ye alderman to-
r^maue offer-
gedcrc, and hcrc ye messc in yc worsipe of god and of seynt
Johan, and offren, and also han a 03ere messe for ye eoules of
hem yat been dede, and offren also ; and qwat man or woman
be fawty, he schal paye, to amendement of ye li3t, di. li. wax,
but if he haue good excusacioun. And qwat brothere or sisterc
BISHOP^S LYNN. 73
falle in pouerte, he shal be holpen w* ye catelle of ye gilcle, iieiptopoor

bretheren and
be ye ordinaunce of ye Alderman and of ye gilde breyeren. sisteren.
Thomas de Hylburgheworthe,
Skynner, Alderman.
* Ista est certificatio statutorum gylde Sancti Johannis Bap-
tiste, ville Lenne episcopi.
Ricardus Crambudiges habet, de catallis dicte gylde, xx.s. iij.c^. Goods of thegUd.
Item Ranulius de Dynton, xx.s. iij.c?.
Item Adam de Smitton, xx.s. iij.c?.
Item Johannes de Bambrygges, xx.5. iij.c?.
* What follows is written in a different hand from the foregoing

ordinances, and with an ink so faint that the names, and several of the
words, are barely legible, though the sums put after the names happen to
be quite plain.
74
XXIX.
[Gii.D or St. George the Mautyr,] Lenne.*
flrratcrn}'tc is be-gonnen in |io worship of Jhcsu Crist

hmam a.d. 1376.
Tlis
of heucn, and <f his iiiodir scint mary, and specially of
Seint George |>e martir, in |>e tounc of Bisshopis Lennc, ]>c 3cre
of ourc Ionic m'.ccc.lxxvj. And |)i8 fiVaternite is bc-gonnen in

ApriMlrfiyib* })is atcnt ; to f>niden a Preste to syngen atte autcre of Scint
fiNM4. to Hrr* at
Uh altar of Hi. George in \>e chirche of Scintc margare of Lennc be-fore saidc, in
|>c worship of god and J>e holy martir, and for allc \>e brethir
and sistrin |)t

to |>e ffratornite longes. Alsof ordeynd it is,
\f^ \>c seluel bretheren and sistrcs slial fynden v. candcllcs,

be
to iNm brennand a-forn )>ej same autiere in festiuale dayes, while jjat
Dd at baruli. diuinc seruice is saide in \>e chirche. And also ordeynd it is,
|)ay shul fynden iiij, torches, ffor to brenne ]>g princii)al day at
messe, and at exequises of eucry brothir and sistir j)at dies, and
her mes.se is in doynge, and to J)e body be boren to j)C biryinge,
if it be |>ere present. And also ordeind it is, \>^ what

Pt nkm fm Uw brothir or sistir so be deed of |)is ffraternite, |>e aldirman
shal do comen )>e Deen, and warne allc j>e compaignyc jjat
longcn to man and woman, jât is w^-innc j)e

))is fraternitc,
toune, to come to |>e exsequies of hym or of liir |>at is deede,

whethir-so it be, and bene redy to beren hem to \>e chirche,
and for to offren for ]>e Soule as ]>e manere is to done for
J>e deede; and what man or woman so faille, shale pay j.c/. to jie
almes for his soule, and di. pounde of wax to j?e mayntenance
CCCX. 90. Condition, very bad ; and destroyed in several places,
t This word if, by mistake, written twice in the original.

X This word also is writt-en twice in the original.
GILD OF ST. GEORGE THE MARTYR, BISHOP's LYNN. 75
of \)e li3t. Also ordeynd it is, pat what brothir or sister die Service shall be
owte of toune, als-sone as ]>e aldirman may wit it, he shal, be be brother or sister
-
, . 1 . X . ^'^d outside
'^''^^^
deen, do comen \>e compaignye to-gedre \>at is w^-inne ])e toune, the town.
and done helden a messe solempnely atte autiere of seint George

afore-saide, w^ ]>e li3t afore-saide, and euery brothir and sistir
shalle offre, atte .selfe messe, as jjou^ ]?e body were \>ere present,
vp }?e payne a[/or]e-saide. And also ordeynd it is, ]>* what Masses for souis
brothir or sister so be deed of ]jis ffi-aternite, [he] shal haue

saide for his soule Ix. messes, of ]>e preste jjat loges^ to J)e ffrater- > (sic.)
nite, [sone] so he is dede, specialliche, and afterward to bene had

in memorie w* othir b* [bene] deed aforne. Also ordeinde it is, Help to poor
bretliereu and
]>at what brothir or
.
sistir so
.
o ^^
falle m
'
pouerte []?' he can] nou3t sisteren.
lielpe hym-selfe to leuen resonably, ]?an shal eueryche brothir

and [sister ]>at] is of powere, atte euery morunspeche, pay an
oh. to helpen hem w* ]>^ is fFallen [so in pouerte']. And also
ordeynd it is, bat bis ffraternite shal han iiii. morunspeches by Four meetings
[be
'-r->'
'lere, in
, ,
tirri\Q bat
.
is
.
profitable to be worship of oôd
.
i&
shal he]J Jbe feste of seint
and
shall be held every
year; to which
every brother and
îia" come,
saluacioun of be ffraternite. fp*^ fe^^ste
Lx
^'s*^'"
' ./
under penalty.
marke next after ]?e feste of seint George. pe [secunde shal]
bene ]je Sunday next after ]?e natiuite of seint Johan Baptiste.
pe [^'id shal 5]e \q sonday next after |>e feste of seint
ffathe |?e virgine. And [)?e fourt shal] be J>e Sonday next
after ]>e feste of jje Purificacioun of oure lady marie. [And
euerich hrot]hjr or sister jjat is somonde, and is in toune,
and come nou3t, bot if he haue [reso7iahel ea?c]usacioun, he

shal pay, to |?e amendement of ]?e li3t, i].d. And also or-
[deynd it is, j)*] atte general morunspeche, in ]je feste of Seint
marke, ]>e aldirman shal [clepen to])] viij. menu, and ]?ay viij. officers shall be
shall chesen an aldirman, skyueyns, clerk, and [dene, ]>o] jjat ])ay men.
seen ere most profitable for to gouerne J>e ffraternite to ]>e [wor-
shi\\i of god and of seint George. And what man so is chosen officers chosen,
-
and not serving,
in office, and for-sake it, he shal pay to maytenance of \q l^t ;
siu^npay a fine.
))t is for to witen, J>e Aldirman, \]Mh. wax; euery Skyueyn, ].lih.;
|)e Clerk, j. lih. ; and ])e Deen, di. lih. Also ordeynd it is, }?at |)e Allowances to t ho
on feast-
officers
Aldirman shal haue, iche ny3t while jje gener[al] drynkyng lastis, days,
ij. galouns of ale for his fees ; every Skyueyne, a galoun ;

|)c
-
*f*' OILP OF ST (JKOROK TlIK MAUTYH,
^*MJJI^*^P Clwk^, ft pnlotin ;

|c Dcon, n |Mtllc. Alo onlojiid it is, j^nt
f^ ^*^ /,T^ Cttcrjvhc !rothir and niHtir |>* lon^s to |>o fTrntoniito Hlml Ik* rc<ly
JjJ JjJJ^""^
fttt^ ^ grncnU (Iny. fttto hous |>nt Ih iwsi;,n><**l f<>r \>^ fmtoniito, for
*'**'^ w*
to pi>nc. ij. and ij. to-Îrc, worslupfully to )>o rhirclio, [kj
Aldinnnn. for to heron mofwc ninl eiicnsongo, nnd atto ônonil
mewio for to ofTrc in woi-ship of |>c holy mnrtir, and nttc nirssc
of Ro<juicm ilkc for hem |ftt bon deed, vp |>c im}'nc of dl.
TWaAibnba lib. wftx. Also bnt no liiothcT no KJstcr nc fihallc discusc bo

S*w*- counsoil of |>i8 frateniite to no straiingcro, vp |ic pa}Tic of for-
feture of |>c fratcmitc for cucnnorc, })ot if he hauc grace, if it
TtoSivw^ Oaii may be prouct resonabely be brethercn of [jiM/ra]ternite. Also
J>o skmryns |)at shal bane ]>o katelle in hande, shul fyndc {^svjfi-
rm>//j/] borwes to sane |>c etolle att<? generale morunspecbe to |>c
fratomite, \\> |)e [tim*. of lier /ffjmblynge. Also, atte general
t)Tnc, while J>e drinkynge Instes, eueryche ny^t, [a-fore \>e/c8te,'\
Sn*g"*T
tbtgud- j>e
while
clerk shal
[he says]
stonden
|>e
v|)
Ixodes
and (bme pees ben
for |)e state of holy chirche
in jjc house,
and
J>*
^'2!yy** J* state of |>e londe, w* |>c li3t [bre7i7iinge] )>* longes to ]>e com-
paignye. And what maner of man ))at make noise or jan3C-
IjTige io )>e tyme, he shal pay ij.(/. to ]>e aniendenient of \>c
y Bn iiii only li^t. Also, \>ore shal no man no woman entre in to ]>\h ffrater-
nite, bot atte general monmspeche, be |>e assent of ]>c aldirman

''jji"" and alle \>q gilde bretheren, bot iff it man of Contre })at
be ony
iktenmiry.
jg knowen of godc conversacioun. And what man so entre in
Ifav-cHMnfluUl /*
rtokcep to \>\fi fratemite, sone so he is comen in, be shal take his charge
!mrfM*
^^ ^ aldirman, vp his feythe to kepen jjese ordinance a-fore
aMntrmno*-
ggyjg ^.p jjjg my3t, and paien his fees, |>at is for to wyten, ij.J.
to ]>e aldirman ;
j.d. to \>e wax ;
].d. to j)e clerk ; and j.d. to )?e
deen. And sethen, for his entrees, xiij.s. iiij.d, or elles fynde
borwes to pay it w^-}'nne eertejTie dayes. Also ordcynd it
miSe'h^^ht *^'
I'**
wât man so be greued w* o)>er, he shal wame ]>e aldir-
MMlwhoafaaJMo ^^ )>er-of ; and he shal done his bisynes to acorden, if he

kkbirttowttieit.
m&j, w* his bretheren ; and, if he may nou3t, pi"sue ]>e lawe
AjiTOTT-hoftd where hem list. Also orde}Tid it is, jjat euery brothir ]jat is of
P^^c^6 ^^^^^ come, ilke [a daye], and fecche his hoode of lyuere
ho'ud'iS!?*'
pftM for; ftod of |>e gjldc, and pay Jêr-fore, vp )>e peyne of of wax to
bishop's LYNN. 77
J)e amendement of ]>e li3t. And euery brothir shal liaue on his shall be worn at
every meeting,
[lyuere Aoojde atte euery morunspeche, and atte biryinge of his and at every
burial service.
brothir or sistir, whe]>ir [it be, up |>]e payne of di. lib. wax. Also Breakers of the
ordinances, after
ordeynde it ys, \>^ what brothir or sister trespas [aênes] yes three fines, shall
be put out of tlie
ordenaunces thi'ies, and ])er-of ben amercie by j)e bretheren, he gild.
shalle lese ]>e fraternite for euermore, bot if he haue grace. And Salaries of the
Clerk and the
]>e Clerk shal haue for his travaille, by 3ere, iij.s. iiij.c?. ; and ]>e Dean.
deen, ij.s.
Johannes Palgraue, Aldirman OflRcers of the

gild, and goods of
Scabini ; et ha- the gild.
Nicholus de Suttoun bent, in mani-
Rogerus Pynchebek bus eorum, de
<
Stephanus Stenyo^ bonis dictegilde,
Johannes Lakynghythe,Cotoller equis portioni-
bus, ii^li. iijs.
n
XXX.
[Gild of St. John Ijaitist,] Lknn Enscori.
}c worscliope of ihesii crist, ftud his moderc scint mario,

In
and of nlle Imlowcn, and specialli of seint Jolian liabtyst,
of qwam yis fratornitc is founden and stabcled in ye jcre of
hour lord ihcsu mIccc<'.lxxij. And yis gilde shal haue foure
;r: locMliof morwe-spcchcs be ye jerc. Ye first shal been on ye self day :
yc sccunde shal been on Johan Day, in Cristcmcsse : ye yridde

shal Ijc ye sunday after hestcriday : ye feerde shal been ye
Sunday after missuniniMay. And who-so is somound to ani of
yeis morunspeches, and he be in toune and in hele, and he wille

nouht eome, ne make attourne for h}Tn, he shal pay di. li. wax.
The Dewi Uiall b And if ye deen faile of is somouns, he shal paye, for ilk broyerc
and sistere yat is nouht somound, yd. And who-so is chosun in
Oflkw cfaonn, offices of alderman, and he for-sake ye office, he shal paye \].IL
od Dot Mrrfng,
iball pajr t flo. wax; and eythere 8k[ew]eyn, ].li. wax; and ye clerke, di.li.
wax, if he be a broyere ; and ye Deen, di. li wax. And who-so

entres in to yis fraternite, he shal paye ye r}i:hes of ye hous;
Um umal
nanmi yat is to wytcn, to ye alderman, yl. ; to ye clerk, j. oh. ; to ye
deen, j. 06. ; to ye wax, oh. And if ani broyere or sistere of

forUM yis gilde be ded, ye Deen shal do comen ye candelles of ye gylde
to ye Dirige, and warn all ye gylde breyeren and sisteres to come
and go wyth ye cors, and offyr a ferthynge; and who-so come
nouht to ye offrend, he shal paye, at ye next morunspeche, yd.
to ye almcs for ye sowle. And euerilk broyere and sistere of
lfaH> for iOtils yis gilde yat ded is, shal haue, of ye propre catelle, x. messis,
of the 'kad.
wMn ye viij. dayes after yei been ded, vp payn of xl.d And
* CCCX. 12. Condition, fair; but a piece destroyed.

GILD OF ST. JOHN BAPTIST, BISHOP^S LYNN. 79
also who-so is rebel ageyns ye alderman, or ageynes sistere or There shaii be no
bretheren, in tyme of drynk, or of morunspeche holdun, he shal any feast-time or
pay wax vp
j.li. ye And who-so
g^ce to li^t. discuret^ ye counseil The
ot
/..,,,.,
ye glide am straunge man or womman, he
to
r r 1
shal paye j..
7-
affairs of
gild shall not
disclosed.
the
be
wax to ye li5t. And qwo-so jangle in time of drynk, or of No jangiing shaii

.
go on during feast-
morunspeche holdun, and ye Deen comaund hem be stille, and time or meeting,
he wilnouht, he shall pay wax. And ye alderman shal

have a galoun oi ale ;
di. li.
eythere skyueyn, a potelle

111 ;
ye deen, a
Allowances to the
officers
days.
on feast-
potelle; ye clerk, a potelle. And ordeynd it is, y* ye Skyveyns The stewards shall
have the gild
schulloun haue ye katel hon hand. Yei shal fynden sufficiaunt goods, and shaii
find sureties to
borwes to brynge ye catelle, w* ye encresement, at ye general render an account
morunspeche, be-forn alderman and ye gylde breyeren, vp payn [j]^

profits, at
ii. li.
**
wax to ye lists, or her borwes for hem. And ye Deen ^^^^'"g-
Salaries of the
.... . .
shal haue iiij.c?., be ye 5ere, for is trauaille. And ye clerk, vj.d êan and the
and her fees. And yat noman sit^ lengere 5an alderman, ne No man shaii stay
dwelle in ye hous but

'
men of office,
r payn
vp r J di. li. wax to Jye after the Aider-
'
man has left.
Iyt3. Also, qwat broyere or sistere yat comet3 aftere prime be
smeten, he shal pay j.c?. to ye lyt3; and prime shal be smet3 ij.
howres aftere noon. And ilk a broyere and sistre shal pay, ilk a a candle shall be
kept burning
morunspeche day, oh., to meynten a Candelle brennyng a-forn ye during service-
ymage of seint Johan, in ye chirche of seint Jame, on sundayes
and oyere holydayis, q wil yat seruice is in doynge. And a odyr Moneys shall be
paid towards the
oh. [to the encrese] of ye catelle and for ye ale. Also ordeynd giid stock, and
1116 <il6
it is, bi al ye s ,
yat yis gilde shal be
offred in ye chirche of Seint
owten heende yeise ordinaunce for to be kep

to ye alderman qwan he entret3 in to
breket3 hem, he grawnt hym self, for
but if he haue grace.

officers of the
John de Essex, taly
Thomas of Cressyngh ....
Adam of Smitton
Thomas Peddere
;
XXXI.
[QiLD OF St. Thomas of Canterbury,] Lenn Episcopi.*
n ye wurchcpc uf ihcsu crist of hcuene, and of his moder

I 8ciut muric, and alie ye comj)aiiie of beueiie, and also
spcciulike of ye trauslaciouu of sciut Thomas of Cantt'warl)iri,
for quose wourchipe yis fnit^rnite his bi-gunnen. And yeise
ben ye odyuaunsc of yis jplde. Yat men scholen holdeu fourc

kc ImM cvwy
JmriloîMi^' morsi>eche8 in ye jer. Ye friste schal ben on ye general day :
ye secunde schal ben Sunday next be-for ye feste of seiut michel:

vmaitj.
ye thridde sclial ben ye day of seint thomas after cristemcse :
ye fcrde schal ben ye next Sunday be-forn Peutecoste. Also, if
any bro3er or sister be in toune, and be warned, and wille nouht

conien, ne niaken non attourne for him, ne no leue asken of
ye alderman, he schal paycn i.d. to ye lite. And qwo-so entrc
Nev-oMiMri mutt into }'is fratcmitc of yis gilde, he schal fynden borwes to payen
fad soTBtiM for
v^jmaaAvt for is entre as he is a-corde with ye companye. And sythen ye
iiMboawfcM rythes of ye hous sone so he comen in; to ye Alderman, i.c/.
to ye clerk, ob. ; to ye wax, ob. ; to ye den, ob. And if ani

for the sister or broyer be ded of yis gilde, ye den schal bryngen ye
candeles to ye dirige, and warnen his breyern to comen and
ofreu here ob. atte chirche for ye soule ; and he y^- comet nouht
to ye offreude, schal payen ob. atte next morspeche, to ye clmesse.
ifaayooebtOe And if any broyer or sistere maliciouseliche, or dispisautliche lie
on his broyer or on his sister, in wrecche, in present of ye
Alderman and of ye gilde bretheren, schal payen, to amende-

ment of ye lyte, alf a pownd waxche. And qwho-so be rebel
CCCX. 89. Condition, fair ; but a large piece destroyed.

GILD OF ST. THOMAS OF CANTERBURY^ BTSHOP^S LYNN. 81
of his toiinge a-5ein ye alderman, or dispise ye alderman ye ifanyoneisfoui-

time yat he holden here mornspeche, schal payen, to amende- AidenLnatiny
ment of ye lyte, alf a pound of waxse. And if ani broyer or be fined!
sister here his breyer or sister falsed on hande, and if it may anoti?cT,"heÎI!JIif
ben prouid by ye gilde breyeren or sisteres, schal paye, to

amendement of ye lite, ij.cZ. And qwho-so be-wreye ye conseil Penalty for be-
p . ., , ^ . ^ , . ,
wrayin^' the affairs
01 yis glide to am straunge man or woman, and it may be ofthegiid.
proued be ye gilde breyeren or sisteres, he schal payen, to ye

mendement of ye lite, a pownd of waxse, or lesen ye fraternite
for euere-more, but he haue grace. And if ye alderman be officers chosen,
chosen, and for-sake ye office, he schal payen, to amendement shaii be fined.
of ye lite, a pownd waxe : ey3er skyuen, alf a pownd waxse : ye

den, a qwatteer. And if any broyer or sister be ded, schal Masses for souls
hauen his messes for ye soule, of ye propre cattel of ye gilde,

xxiiij. messes. And who-so entre in to ye chambre yer ye ale The aie-chamber
shall not be
T 1 ! p f n^ ' 1
lithe mne, wiht-outen leue of men of omcis, schal paye, to entered,
amendement of ye lite, \].d. Also ye alderman schal hauen, be Allowances to the

ofiicGrs On fctist-
ye 3ere, for his officis, to galones of ale ; eiyer skyuen, j. galon ; days.
ye den, j. potel. Also, ye skyueyns of ye gylde yat hauen ye The stewards shall
find sureties for
catel in hande, scholene fynden borwes to ye alderman, for to
' "^
the goods of the
''
^ gild,and render
^
sauen ye and for to ye general mor- an account at the

^
catel,' it forht at
brineje o ./ yearly general
meeting,
speche, wyht-outen ani lettyng : and if yei do nouht, yei scholen
payen, to amendement of ye lite, \].li. waxse. Also yt noman None shall come
to the feast in a
come be-forn ye alderman and ye ^
gilde breyeren and sisteren, in tabard, nor in a
,
cloak, nor with
.
time of drynk, in tabard ne in cloke, ne barleges, ne barfote ; ^^sf

i^^re, nor
\cind if he\ mowe be wyst, schal paye, to amendement of ye

lit3, ].d. And \(][who-so\ make ani noyse in time of drynk, or in if any one make a
tyme of mornspe[cAe holderi], and wil nouth be stille, ye alder- feast, he simii do
, ,
penance by
man schal don taken him \ije yerde ; and] if he wil nowth holding the rod, or
.... ^^S6 pay a fine.
reseyuen, he schal payen, to amende[me7i^ of the Ut^, iij.t/., or
lesen his fraternite for euere-more, but he \1iaue grace. Also
yat] noman slepe in tyme of drynke, ne late ye CYi)[pe stonde No one shaii sleep,
nor keep the ale-
nere him, vp] ye peyne of j.c?. Also y* noman duelle in ye hous cup to inmseif.
[after yat ye] alderman rised, but men of office ; and if yei don, in the giid-hoûse
r . 7 , . 1 ,-t p Ml 7 after the Alderman

[yei schul paye, to
t amendement] oi ye glide, eueri persone j.a. has gone.
And if ani brover

OILD OP ST. THOMAS OF CANTRRnt IIY, UlSIIOP's LYNN.
ichal curri bniycr nml sister payiic of
j. frrviiij^. Aliô
del of waxHC h
of M>int thonma
is schciil in
Bp to ^wr or sister fallc
wvht bis
hem
[All tlio rest is deatroyed]

83
XXXII.
[Gild op the Holy Cross,] Lenne Episcopi.*
Tn nomine patris, et filii, et spiritus sancti, Amen. In ye

-- honour of ihesu crist, and of his moder seinte marie,
and of alle holy halwen, and namelike of ye holy crouche yat

seinte Eleyne founde. We schulle holde yis gilde yre mornwe- Three meetings
speches bi ye 5er. Ye first schal be ye sonday mxt after every year.
ye drynke : ye second, ye sonday byfor seint michel's day :
ye yridde, ye sonday nixt after vre lauedyes day in lenten.

And, at ye general mornwespeche, ye aldirman schal callen vp Officers shall be
chosen by picked
foure men, to chese an alderman, sliyueyns, and dene. And oien.
1
ye skyueyns
iTiTT
schal be deliuered
1
ye catel,
1-
wit tayle
1 1
and boruh
^ 1
;
'^^^ goods of the
giid shaii be de-
livered to the
and yat yai schulle bringe ye Catel at ye general mornwespeche, stewards, and a
and leyn vpon ye

^
cheker bifor
.
ye aldirman, or here boruwes

yearly account
shaii be rendered.
for hem, vp peyne of ij.5. And ye Den schal do somoun alle ye The Dean shall
'
Gilde breyere, and ye sistres, to ye mornspeche ; and he faille of pay a tine.
his somouns, he schal ben amercid at ye aldermannis wille. And

who-so is somound to ye mornwespeche, and he be in toun, and ah summoned and
wil nouth come, he schal paye half a pound of wax, hot he be not commg'at the
Till
resonable-lyke escused.
I
AndA 1 1 p
he come alter prime be smyten,
1
''S'lt
pay a
t'e, shall
fine,
he schal paye j.d. And if ony brother or sister be ded, ye den services for the
schal do bringe ye Candeles to ye dirige, and eueryl broyer and offerings,
sister schal offre an halpeny at ye chirche ; and he yat ofFres
nouht, he schal paye an halpeny to ye almesse at ye nixt

mornspeche. And evervl brother and sister bat ded his, schal Masses for souls of
haue XXX. messes for his soule, and yat ye messes schal be
* CCCX. 123. Condition, bad ; and two large pieces destroyed. Most
of the clauses are marked in rubric; and the first letter of the return
is somewhat ambitiously illuminated.
.
Ki CJILU OP TUB HOLY CROSS,
ongen on yc morntrcn after yc cors be biryctl. Yo Aldinnnn

Aiiw* fc tiM shal hiiuc, cucril ilny, a jîiUmn of ale, to ye drynk lu.stis ; eiyer
^^r*- skiuc>-Q a galouii ;

ye tlen a potel, uiul, for his HomouiiH, l>c êr,
nawn iiiiMii, iiij.ti. Aiid he yat U clioHi-ii uKlinimn, uud he foi-Huke his oflicc,
tbmutmt^tm. he 8<hal paye xij.c/.; e}7er 8kyuc}ai, xij.c/.; ye den, xij.t/. And
TW Aiiirwn who-o is rel)clle to ye nUlirninn in oiiy tymc, he Hchul puyc
iMtoMr a iK)und of wax. And if ony hroyer or sister mak ony uoyso
t <<wt or janglingc l>efor |>e nldirman, nt ony mornspechc, be schul puyc

k*iHBi(]r [o pound o/ioax]. And if ony ]>rotlicr smytc oyer at ony mom-
Bj>cche, or [during ye tinie of drijnke\ he schul payc ffourc
]X)und of wax. And he
TWioodMUMof Gikle, whar-vouri^he dcshonoiir may ,
i îii l he schal payc xij.'A, or lose }>c fratcrui
Uwiifld4ww w^-niman dwelle longerc in ye hous yau

fWr iIm AMtrBan
kmtamm. |>ound of wax. And he yat entres
rfu nm b outen Icue of men of office, he scha
Fwioantr7 brother sone or sister schal entre in
,IL
*^ ***
als an oyor man doth. And also y
A HghtaiMniw schal me}'ntenen and sustoyucn ye lilit yat is
foond and kapl
bunrfaf. holy crouchc and of seint lleleyne. And eueril broyer and. . .
to ye liht bi3cr, til better may be. And yat no man ne womman
BBtimowfaw of entre in to yis gilde lesse yan *vj.s. viij.o?., and ye fees vj.c/.*
AOovancc* to And if ony brother or sister be seke, he schal haue for his
tliif vbo MV sick
or la pUsrimig*. drjnke a galoun of ale. And if ony brother or sister be in
I>elgrimage, he schal haue a galoun of ale to bis drinke. And
ordened is, yat no brother nc sister of yis gylde ne enplede
^*****SiSw
j^'jjjMjJ**'^ oyer in no place, for no dette ne trespas, til yat he haue axed
leue of ye Alderman and of men of ye
do, he shal paie, to amendement of ye Gylde, Vys
Hm AldOTiDui't for his traualie bi 3ere, xij.cZ. And
BarWwnicMkiMi of yLs gyldc be ded, ye deen shal warnen
comen to hous yer ye cors lylith,
An AaOeometo and offren an halpenv. And whoso
* The words and figures between these marks are written over an
erasure of half a line.
BISHOP^S LYNN. 85
and in toune, and wyl nouht come, be slial One brother shaii
be released from
and relesen Johan Gierke ;* for he shal payments.
And ordened is, yat euerilk a brother of vis ffrat '

^ livery-hood
' ' shall beworn at
bod of liuere of yis gylde, at euerilk a ^^^^y meeting.
of yis fFraternite, and qwo-so do nowt

ordened is, yat ilke a broyer of yis ffra
gylde in ilke a êr. And qwho-so
* All the latter part of this return is in such very bad condition, that it
is only by using every device of oblique and reflected and transmitted

light that more than a word or two can be made By these means out.
only have I deciphered the release of John Gierke and I should have ;
hesitated to put down the words thus painfully deciphered, and of which
no other example is found in any of these returns in English, but that, in
the instance of a very interesting Cambridge gild (see Part II. of this
work), I find one John Cornwall released from all payments that others
are bound to make, in acknowledgment of the pains he had taken at
the foundation of that gild. When I made, some years ago, my MS.
Calendar of the whole of these returns, I wrote, opposite to the words
releasing John Cornwall from all payments, the word "unique." Since
I have more carefully deciphered the above return, for the present work,
I have no doubt that "John Clerke," of Bishop's Lynn, was thus released
for the same reason as was " John Cornwall" of Cambridge.
Many instances are found where the bretheren are acquitted of payments
while holding ofl&ce ; of which the last ordinance of the Tailors' Gild of
Norwich may be taken as an example (see before, p. ^6). But the two
instances named above, give a general acquittance of two bretheren by
name, and not only while office-holders.
j
XXXTfT.
[Gild of tue Cunceition,] Lenne Episcon.*
Tn yc >^Tchepc of Jhesu Cristc of hcucnc, and of his modi r
-- Seynte inurye, and of nllc liahvcn, and speciali of ye con-

ccj>cioiin of ourc leuedy scyntc niarye, in qwosc wurchcpe yis
fnitcrnitc is lc-,'unnyn, 5eysc ben ye statutes. Y* men schullyn
hehlyn fourc mornspcches in ye5ere. 3c frystc mornspcche schal
itmn\mbM9^vj
Wne next ye dr}'nking ;
ê secunde sclial bene on yc sonday
Dcxtc sente Mat hi ye apostyl : ê thyrd schal bene on ye son-
day nexte sente bemabc day ye apostyl : 50 ford schal bene on
y Bouday nexte sente Matheus day ye apostyl. Ordeynyd it
is, y* eueriche broyer and syster schal payen j.d. at eucri nioiii-
faj Id. at very speche, to fyndyn w^ lythe in y chyrchc of sent margarete, a
HMsHng. lowarda
tedlMsHditfor fome ye auter of ourc lady, y^ qwilc deuinc sei-uise is soyd in
iliiM day*
Aajooaaim- festiualc dayes. And if any broyer or syster be somonde to yo
Itoauv
ndooi niome-speche, and yei bene in toune, and wil not come, ne
wniwg, atudl pa
ft flu*.
make none aturne for him, nyn no leuc askc of y alderman,
schalle payen di. li. of wax to amendmente of y^ lythe, or lose y
fraternite of y g}ld for euermore, but he haue grace. And ye
IbaDaaarfMll dene schal payen, for oueriche broyer and syster y* is not
b flmd. if he fan
loammDoa any. somond, and he be in toune, j.d And qwo-so cntyrit into yis
Ifew-comcrt klull fraternite of yis gyld, he schalc fynd boruis, and pay y^ rytliis
And mretitn. and
pay UmomwI of ye huse, sone so he comythe in : ye alderman, ij.cZ. ye clerk,
houw fci. ;
ffwvteeforttie yi. ;
ye dene, 'yl. ;
ye wax, j. peny. And if ani broyer or
dead, and ofler-
syster be ded of yis g}'lde, y^ dene schal brynge y candelis to
y dirige, and warnyn his breyeryn and systeryn to comen and
CCX. 1 25. Condition, very bad ; a large piece destroyed.

,
GILD OF THE CONCEPTION^ BISHOP^S LYNN. 87
offeryn here oh. at y^ kyrk for y dede. And lie y* comytlie Any one not
coming shall be
nouthe to yo ojfferynge,' schal pay li. wax, and he be warnyd fined, and simii
^
\ * ^ "^^ di. '
-^
pay his offering.
and heyle, and be in toune ; and if he be oute of toune, he schal
pay ob. for his ofFerynge. And if any broyer or syster dispyse or For foui words
among one an-
mysconsel or lye his broyer,
Z
J iir
in xyreslence]
L' J
of Jy alderman and of other, a fine shall
,je paid, or the
his breyeryn, schal pay di. li. [wax to] y^ amendement of y giid-ship be lost.
lythe, or lese y fraternite [of y^ gyld\ but he houe grace.

And qwho-so be rebel of his \tongue aêynes\ ye alderman, or ifany one be foui-
! 11 ' r ' / ' -\^ 111 mouthed to the
dispise y alderman, in \]f> time of c?n?^|kyn or heldyn any Alderman at any
meeting, he shall
mornspeche, sch[a^ joa?/, to y^ amendement] of y lythe, di. li. ^^ fi"ed, or put
wax, or \\ese y^ fraternite of y^ gyld]. And if ani broyer

or sis
and it may be prouid ,
amendement of y , ,
And qwo-so w ,
man or woman
pay to am
he haue ., ,
fise he s
den iij.c?
soule y
so enteryn
leue of
den schal h
nys yt haue y The Stewardsshall
for ye catel, to brynge it forthe aforne ye [alderman and] gyld the goods of the
gild, and render
1 1 , .(. -n 1 1
breyeryn at y general mornspeche ; and it 3ey will do it nouht, an account at the
yearly general
ye schal pay to ye gyld x\.d eyyer, xl.d. Also, y* no man ne meeting.
. ..
come, in time oi drink, beiore
/ 1 1 1 / ^11
y alderman
1
and ye gyld breyer
111 None shall come
and syster, in tabard ne

ii-ii
m cloke, ne bareleg, ne barefote
1 ir j and
to the feast in
tabard, nor in
cioak, nor with
legs bare, nor
it may be seyne, schal pay to ye lythe j.d And qwo-so make barefoot.
noyse in tyme of drycke^, or in tyme of mornspeche, and ye dene if any one make a
comande hym to ben styl, and he ne wyl noute, yane schal ye teslt, 11"!]! do
dene takon hym ye yerd ; and, if he wille nouthe reseyu yt, he mg the rod, or
else pay a line.
schal pay to y^ lythe iij.c/., or lose ye fraternite. Also y* no bro-
yer ne no syster be so hardy, in tyme of dry nek, to slepe, ne lete None shall sleep.
88 G11.D or TIIK (t)NCKrTlUN, UISIIUI''^ LYNN.
mmhm^J^ U y^ vxt\>\n- hl*.luit' U- li^lli, U[> \n\Uv of j.J. to J***

lytln', Aiul IiIho,
ltm^mMmj^ jr* no maii tlwollc iu yc hin*o uflyr tyine y* yc nhlyuniin rysjiho,

yirifciiiiiiii bat men of offyito : if he do, lie ikhul pnyc j.(/. to yo lythc. And
AitteaaoMio *Jo onIo}niyd it yi. y* qwat broycr or systcr Ikj dcd of yi ffyUK*,
a]d}TmAn and ye gylde brcycryn aud HVHtvrs

4
kmi um<rf
iinl iiwr
m^htmmttL
4m4, y*
UO
be rcdi to bere bym
allc
to y^ chyrche, und ofT^xryn an

scliullyii
it uforno
eydc, and dwclle ycr tylle ye mcsse be don, and l>e beryid, upp
ABMnMMiftiiM yc poyne of And ordcynyd it is, y^ y ftldyrroan nrlial
Avfc haue ij. palounes of ale ; eucry skeucyn, j. galoun ;

ye cUrk,
j. galon ;
yc dene, j. potell ; be ye 301*0, for here feys. Also,
mmtmmndtma qwEt broyer or systcr entryt in-to yis g}'lde, sonc so lie is
reeeyuyd, he schal takyn his charge of y^ aKlcrman, on his feylh

tkatip^ lb*
to meynteyn yis gyld uppyn his power, and payen his fees, and
8}'th}'n for hys entres, as he is acorded w* yc cumpanyc, or ellys
f^Tidyn borwcs to pay wûnc B}Ttcync t}Tncs.
[F(ur or five lines more are so bad that nothing can be made
of them.]
.
89
XXXIV.
[Gild of the Purification,] Lenne Episcopi.*
n ye honuraunce of ibesu crist of heuene, And of his moder The giid was
I seinte marie, and of alle halowene, and speciallike of ye
Purificacioun of oure lady seint marie, yis fraternite is founden
and stabled, in ye 3ere of houre louerde a Thousande yre hundred
sixti and seuene, and bi ye grace of god euere more to lasten,
and shal be helden on ye Sunday next after Candelmesse day.

And yis gylde shal haue foure morwespeches bi êre. Y firste Four meetings
shal be vp-on ye general day : ye secunde shal be ye Sunday year, to wiiich

every one sliall
next bi-forn ye Assencion : ye yi'idde shal be ye sunday after fonê, under
seint Dionise : ye fourte shal be ye sunday next after ye

Epiphanie. And who-so be somoned to any morwespeche, and
wil nout come, ne make attorne for him, he shal pay di. li. wax.
And if ye Deen falie of his somounes, he shal paye, for euerilke The Dean shaii be
fined, if he fail to
a brothere and sistere yat is nouht somoned, ].d. And euerilke summou any.
Officers sIiqH L)g
3ere shal ye Alderman callen vp foure men of Gylde bretheren, chosen by piciced
men.
for to chesen an Alderman and offyceeres and a Deen y* been
profitable for ye gylde. And if any of hem yat am chosen for- officers chosen,
and not serving,
sake here office, he shal paye to amendement of ye li5t ;
yat is shaii pay a fine.
to witen, ye Alderman, ].li. wax; eythere officer, di.li. wax;

and ye Deen, quarter li. wax wyht-outen any
; oyere grace. And
who-so is rebel ageynes ye alderman in tyme of drynke, or of The Alderman
shall be obeyed.
morwespeche holden, he schal paye to ye lit^ ].li. wax. And if
ani broyere or sistere of yis fraternite here oyer any falsed or if any one wrong
, , 1 . 1 ^
another, he shall
^ ^ . i
wronge on hande, or him he or mysseie, he shal paye to ye lit5 pay a tine, and
make amends,
di.li. wax, and make pes
^
to hym bat he has trespased
^
a-ffeyn,
b J by J-
as the Aidcrman
-^
^ ' and gild shall ad.
ye ordenaunce of ye Alderman and of ye gylde breyeren, or lese J"^se.
ye fraternite. And if any broyere or sistere of yis fraternite be Services for tiie
deed, ye Deen shal do come ye Candeles of ye Gylde to ye ings.'
* CCCX. 142. Condition, bad ; and a large part destroyed.

..
90 OILD or TIIK PIKIFICATION, UlSllOI-'s LYNN.
Piri;:. . jiiul \M\ruc nllr yr (iillr l.rr-;rron nnd HiHtrcs to romrn

and iio wyhl yo cum to kyrko. ih1 oflVo j. fiiilyiul ; aiul ho yat
ciimcjt nouht to yc ofTrtMul, ho kIihI pnic, nt yc next inon^'c-

|cchc, an ob. to ye nl[wk'^/w']. And yc nldcnnnn Hhal haiio,
l eucriche day whiles ye dn[;jX- htsMh], n paloun of ale ;

and
c)-theorc Bk}*ueyn, a palonn ;
yc [(heUf a pot^lle; and] yc Clerk, a
TWiii i tg potellc of ale. And wlio-8o entrct [into tJie chambrc] ycre yc
wniii. ale litj. with-outcn leue of \inen of office, lie shal jmic to ye\ litj,
iiiMir- r-" ij (/. And who-so entre \n\to yis fratcrnitc, he aJial jyaie ye\ fees
fciMi hw of yis hous ; to yc Aid
ob. ; to yc wax, oh. ; and
Tw (itowds for his entre. And ordc
o# UOT18 shuUen haue
rwidir aa acamnt ficiaunt horwes ..
fji/wMitm furn yc aldenna .
BjK'che v|) ye pey.

of yi Îdc to a .
toyc lijt iij.(/
gle in t}ine of dr
comaundc him fur
ifoMAMUvyia to vc li:t, (li.H. wax
afur iiM Aider- hous |)an yc Aldcmian rise
he schal payc, to yc lit^, \}.(l. Also ye Alderman slial haue, for

loToOccfs. his tranaille be jerc, \\\].d. and ij. galouns of ale; eythere Sky-
ueyn, \\\].<l. and j. ^loun of ale ;
ye Clerk, y'yd. and j. potelle
ale; and ye Decn, vj.c/. and a potelle ale. Also, qwo-so entre
EatraiM-mooe7, in-to yis gj'ldc, shal payen for his entrees \].8. and is fees.
Ymrt; pajmenu \\^(^ ordcynd it IS, yat euerylk brothcrc and sistere shal paye
iij.f/. in ye 3cre, for to fynde a Candelle brennend in ye chirche
of seint Jame, a-fom ye Autere of o>vr lady, qwyl seruice is
lUwMfarMmltor scyd in holydayis. Also ordeynd it is, yat euerilk brothcrc

tfatdOML
and sistere yat deyeth of this gykle shal haue xiij. messes scyd
for is sowlc.
li oiBccn. and Johannes de Bysted, -^
talyor, Alderman.
foods or the gild.
.
Johannes Austyn, Baxter, ix5. viijcZ.
Gilbert Plesant, ix^. viijc^.*
* These names are written in a different hand and ink from the rest of
the return, and are so faint as to be hardly legible.
91
XXXV.
[Gild of St. Lawrence,] Lenne Episcopi.*
Tn ye honr of ihesu crist of heuene, and of his modir seynte

-*- marie, and of alle halwyn, and speciallich of ye holi martir
seint laurence, in ye feste of ye selue day, i yis fFraternite is
founden and stabled, and bi ye grace of god euere-more for to

lasten.
Yise ben ye ordenance of yis ffraternite. Yat ye breyeren Four meetings

^ ,, .... sliall be held every
, . , , , , .
^r
and ye sisteres sholen holden iiij. morunspeches in ye sere. Ye year, on days here
named, or as shall
first morwespeche shal ben after ye drynke : ye secunde shal ben be named by the
Alderman.
ye Sunday next after mibelmesseday : ye yridde shal ben ye
Sunday in mydlentoun : ye feerde shal ben ye Sunday bi-forn
ye fest of seint margarete. And if any of yise morwespeches
bi-forn j-nemed be nou3t holden at ye certeyn day assigned, ye
Alderman shal don hem helden at qwat tyme y* it be most profit-
able and worsipe to ye fFraternite. And if any brothir or sister Aii must come to
the meetings, or
be somoned to ani morwespeeh, and wil nouht comen, ne make pay a fine.
attorne for him, ne no leue axen of ye Alderman, he shal paye,

to amendement of ye list, i].d. And qwo-so come after prime if any be after
time, or grumble,
be smeten, he shal pay ].d., or leye a wed J and if he grucche, heshaiipayartne,
' r J J
./
J o ;
'
or be put out of
he shal paye ij.d. ; and if he wil nouth payen it, he shal lesen ye *^' s'^^-
ffraternite. And if ye deen fayle of hiis somouns, he shal paye, Tiie Dean siiaii pay
a fine for any not
for ilke a brother and sister yat is nouth somouned, j.c/. And summoned.
euerilk sere shal ye alderman callen vp ffoure men of ye îlde officers shall be
chosen by picked
breyerene, for to chesen Alderman, Skeueyns, and deen, yat ben men.
profitable for ye gilde. And if any of hem yat haren chosen for-
* CCCX. 2 22. Condition, bad ; and two large pieces destroyed.

92 01 M OF RT. LAWKKNCR,
Mike bore offiro, he nhul jmyc to nniendoincnt of yo lijt : yat in for
katMA. toqwyton.ycAMcnnnn.vj.*/. ; cytlicr Hkcucyn, iiij.f/.; andycJiocn,

iWaii AMawM ij.i/. Aiiil cucrilko a ^rr Nlial yc htiKlo Aldonnun (Imrên yo newc
All mil AKIenimn. whan he is chosen, and alle hise ftlawes \vyht3 hyin,
for to lion ho8 it in a-fom i-ecytl. Ami <iwo-8o cntrtt3 in to yis

yrr^niiii Aui fratcniito, he shal paye ye rigthes of yis hous, v.d. ;
yat is for lo
wj'ten. to ye AUlerinan, ijr/. ; to ye Clerk, y!.; and to ye Dcen,

yd.; ami to ye wax, j//. ; and fynde 8uflkinunt3 bonvcs for his
entre. vj.*. And if ani brothcre or Kisterc of yis fratcrnite be deed,

ye deen shal do eonien yc Candeles of yc gildc to yc Dirigc, and
wame alle ye gildc brcthcrcn and sistcres yat ben in tounc, to
comcn and offren ob. at ye kyrke for ye dedc ; and he yat

comet3 noubt to ye offrende, he shal paye, at ye next morwe-
spech, j.(/. to ye almcs. And if ye deen failc of his somouns, he
shal paye, for ilke a brothir and sister yat is nout3 somound, j.c/.
tortenkci And if ani brother or sister of yis gild be ded, he shal hauc, of
ye propre catel of ye g}'ld, for his soule, xl. niessiH. And ye

Aldemian and ye 8kcu[''y;w shuUe'ii] don seyn yo messes wyht-
iune vj. day after ye tercment, if it be he be dedc.
And if ani of yc Skeucyns make defaute, and wil n
akcdt&uh. a-fom i-seyd, he shal paye, to ameudemcnt of yis fratcr
TW AkicniMn or NTi-buxum a-gcyncs ye Alderman, vnskilfullike, . . .
shal paye, to amendement of yis ffraternite,

llooe wremn here ovcr
J any
J falsed or wronjje on handc,
WMMlMr, be ilmll . . ?..
py * ^^y^y* to amendement of yis gilde, iij.c/., and
make pes to hjin yat he,
ye gilde brethcrene and .
Tiw afiKin of the to ani strauncTc man . . .

Â^teU HOC be 7,
<* "!'* of yis gylde iiij.c/
WrittcB accminu of \'is gyldc on

fUwiootkor .
thtpfld^teo be bi Bcr}-t a-count

tcBdiemI by the
9m9mg&^ speche a-fom
so make defau
of yis gilde, isX.d
AOomiiototiie qwiles ye drjnk las
^^ a galoun ; ye Clerk a g .
bishop's LYNN. 93
ueyns hauande ye Catel of yis Gild, Tiie stewards shaii

- give an account of
and counsel! wytli hym bi-torn ye general day, the goods of the
gild at the yearly
in ye êre, for to make ordenaunce and purueaunce yat be .... general meeting.
for yis fraternite. And if ani of ye skeueyns bi-forn i-nemed if in default, they
shall pay a fine,
be founden atte defaute in ani poyntes yat longet5 or fallet^ or be put out of
to his office, he shal paye, to amendenient of yis gilde, vj.t/., or

lese ye fraternite. And if ye deen be comaundeed for to be ^^d the Dean
if he do not help,
entendaunt hem for to helpen, '^
and he make defaute, and whil ' f.^^"
likewise.
.ê treated
nouth, he shal paye iij.c?., or lese ye fraternite. Al-so ordeynd

is, yat no brothere ne sistere of yis
*'
eîld shal make hym-self ser- No brother nor
_ . .
sister shall meddle
uaunt, for to seruen in non office, but if he be comaunded bi ye ""less toid by the
^
Alderman.
alderman. And qwo-so do, he shal paien ij.d., or ley a wed of
ye valuwe. And qwo-so make noyse or jangele in tyme of There must be no
noise or jangling
drynk or of morwespeche, and ye alderman or ye deen comaunde at feast-time or
meeting.
hem for to be stille, and he wil nouth, he shal paye to ye li3t
i\.d. And ye deen shal haue for his travaille, be 5ere, ij.5. And Salaries of the
Dean and Clerk.
ye clerk, ij.5. And also yat noman dwelle in ye hous lengere Noneshaii stay in
yan ye Alderman ryset3, but men of office, vp ye payne of ij.d after the Aider-
man has gone.
to ye lit3. Also ordeynd it is, yat eueriche brothere and sistere Yearly payments
schal pay en ^ " "^^

iij.dJ. in ye 3ere to fynden w* a lit5 of v. Candeles, li-ht.
brennend in ye Crykche of seint margrete qwyl yat diu[^?ê
seruise is perfourmed] in festiualle dayes, and for to payen to

messis. Qwat brother
of ye ordinaunce of ye gylde of sente
qwreten in ye boke
Mclum quod
Johannes Smy
Johannes Glar
94
XXXVI.
[QiLD OF St. Edmund,] Lenne Erisropi.*
n |>e wiirthciM? of jhcsu crist of hcucno, and of his der wiirthi

I
*- iiioder seynt marie, and of sc^Tit Ednuind, ))* holi martir, in
(jwosc w'urchepe jîs fratenictc is bi-gunncn. pese ben j)C statuj of
|>is gilde. pat men scholen holden fourc moi-nspcchis in ]>e jer.
pc first mornesi>cche schal ben on j>c general day : \>c secunde

ymr.towbkh schal ben on ))C Sunday after seynt Petir : thridde schal
J)C
tVMjr bfMlMraad
ben on Jh; Sunday after seynt barnabe apostelc : |>e ferde
Bchal ben on \>c Sunday after seynt lukes day. Also, 5if any
bro|)er or sister be somund to here mornesj)eche, and yei ben
in to\%Tie, and wil no* come, nc make non atfne for him, no
no leue axen of j)e aldinnan, seal payen yd. And if he come

after prime be thriis smeten, he schal paie j.c?.; and 3if he sette
tt^^Vnlk
1^*^ i7 him doun and grucche, he seal payen j.d. And qwo-so entrc
rfMUi in-to |>e fraternetc of ]?is gilde, he seal finde borwes, and paie \>c
tbconaJ rithes of \>o hous, sone so he comyt in: ]>e alderman, j.d.; ])e
den, oh.; \>c clerk, oh.; ]>c wax, oh. And if ani brojjcr or sister
BinlMt PUT tlM l>e ded of ]>ih gilde, ]>c den seal bringen \)C candeles to dirige,
J>c
6td, and offer-
and wamcn liise brej>eren and hise sisteres to comen, and offren
here ferj)ingc atte kirke for \>e soule, and le)>en a ferj)inge to \>e
clmesse ; and he }>* comyt no* to J>e offrend, seal paien ob. atte
nest momspeche to J)e elmesse. And if \>e den failc of hise

tim DwB riian be somounis, for eueri brober and sister bat is no* somound, he seal
wammanmnj. paien j.d. Also, )>e den schal han, for his trauayle, be êre, vj.c/.;
BtiMgimotthe dc cklcrkc, viu.d.* And if any

J brober
r or sister maliciouslike or
Dcu and C>r1(. ' *
CXJCX. 229. Condition, very bad; and two pieces destroyed.

+ "de cklerke, viij.r/," is ad<lod in the margin, in a very different hand
and ink. But the " vj." in the line before, is written in the same hand and
ink as this marginal addition.
GILD OF ST. EDMUND, BISHOP^S LYNN. 95
dispisauntlike lye his brober or his syster, in wrecche, in present Any using angry
^ f >'
words to a brother
and of here gilde brej?eren, seal paie, to or suiter shaii be
of ))e aldirman
amendement of be ffilde, \\.d. And qwo-so be rebele of his Penalty for foul.

' "' '-
^
. ,
moutlied wonls
tonge a3ein jje aldirman, or dispise |>e aldirman in time ^ ^^^
^''îf^"
* "'*^
holden here mornspeche, seal paien, to amendement of \e gilde,

v\.d.
*
And if any
J brober
s
or sister here his brober or his sister
>
^
Penalty for wrong-
doing of one to
^
any falsed or wronge on hande, and it may be prouid be |>e gilde another.
bre])eren, seal paien v].d. to amendement of jje gilde. And

qwo-so
*
be-wreie be conseil of '
bis
i
eilde to
a any
1
straunge man or Penalty for be-
^
wraying the affaira
woman, and it may \be\ prouid be 5e gilde brejjeren or sisteres, ofthegUd.
seal [paien, to amende\m.Q\ii of Jjc gilde, xij.d, but if he [haue

grace. And
off [ice, he seal paien, to
if an] aldirman be chosen, and he forsake his
ajmendement of \>e
...
gilde, xij.d.; eijjer
officers chosen,
*"*^ "ot serving,
shaii be fined.
ske\ie[yn. . . .d.] and ]?e] den, iij.df. And if any brojjer or sister Masses for souls of
be de[<:/e of ])is gilde, he] schal han hise messes for his soule,
of ])e [propre catel of] ]?e gilde, xv. messes. And qwo-so
entre \into
^
he cham]hYe here be ale iyth inne, with-outen leue The
' * ^' ''
^ ^^
aie-chamber
not to be entered.
[of men of] office, seal paie, to amendement of ]>e gilde, iij.c?.
'--''be
r J^sol, aldirman seal han, eueri nith wills be drinken. Allowances to the
officers at feast-
ij. galoun ale ; ei]?er skeueyn, a galoun ale ;

]>e den, a potel times.
ale ; be clerce, a potel

^
ale. Also, be skeueyns bat han be The stewards
' '^ ' ^ sliallfind sureties
_ .
catel of ibe gilde, sullen finden borwes for rbe catel,y to brinsjen for the goods of
^ * o the gild, and
it forth aforn \q aldirman and jie gilde bre]?eren at general
auhT *earr^*^"*
e^"^''î meeting.
mornspeche, with-outen any lettinge : and if J)ei ne do no*,
})ei sulle paie, to amendement of ])e gilde, xl.c?. Also, ]jat
noman ne come, in time of drinke, beforn jje aldirman and J)e None shaii come
.,
.,
glide brej)eren and
_
]?e
't ^
glide sisteres,
' ' 1
in tabbard ne
1 ^ 1 -IT
m cloke,
to the feast in
tabard, nor in
, .
cloak, nor with
ne bar-lege, ne barfoote j and it mowe be wist, he seal paie, to legs bare, nor
barefoot.
amendement of |)e gilde, j.c?. And qwo-so make any noyse in if any one make
time of drinke, or in time of mornspeche holden, and ]je den feast, he shaii do
comaunde him to ben stille, and he ne wil nouth, seal taken him holding the rod,
pe 3erae,
1
and
, ./.
it
, -Hi
he ne will no* reseiuen

it,
1
schal paie, to
1
amende-
1
or pay a fine.
ment of Jje gilde, iij.c?., or lese J>e fraternete of ]je gilde for euere
more, but if he haue grace. Also, bat noman be so hardi, in No one shall sleep,
nor keep the ale-
time of drinke, to slepe, ne to late |)e cuppe stondin be him, vp <^"p standing.
))e peyne of y\.d. Also, J)at noman duelle in )?e hous no lengere
96 oii-n OP T. r.DMrxD, iiisnor's i.yx.v.
KMitelMv Wn be alilinnaii riMnl, hut men of oflicc ; and if be don, 80id
pmje, to aiucndtimnt of |h' K'iKlo. ij./. Also, \A nonmn nc no

o woman of \>'\ti jîldr cnpUdo t|Hr for no tn*s|ms, tyl <pvjin \>c
altlirnuui and |e gilde brv|>cre luui aaaycd for to briugcn hem ot
one ; and if he ue inouu nout, |>an scholen lie pletlen quer-80 )>ei
wolen ; and if |>ei duun, |>ei scholen luiicu, to oniendynunt of |)o
glide, xij.V., or lesc |>o frutcructc of yc gilde for eucrmore, but if
he hauc grace.
Also if oui bro|>cr or sister cnt[re i7Uo |>m yildt], yo Bhallc
payin iiiij..
f^tefanus Wafin, et Clarici/vxor ejus.

JlJJJ^J^jJ
ja
luuXiilfus de|HecLam,yt Mar;orie vxor ejus.
AK<ii
Willehmis ac inoKfue.
Ricard o^Litulj/t Cecilia vxor ejus.
Ueuri Gyi\cy^ytlenri Holf.

Henre We.
Gylbertus KoKt, etXfttil.
Rolxrtus/Ti* ThVjrnege, H^Catarina vxor ejus.
Johunn/s de Bresbin, ct Johanna vxor ejus.
Alicii/de lirechani.
Ro^T de CJeywode.
n illehnus, de Hogo.
~J^ mnnu )) Si pyrlcyngo.
An^'npfi do Dc v lmnvr
Thia parai,^raph in added in another hand and ink, and is hardly
legible. The hand seems the same as has inserted the words "de cklcrke
viij.rf." in the margin. See p. 94.
i- The names here following are also in another hand and ink, and after-
wardii a i>en has been drawn several times across them. The last two
names are written in yet another hand and ink, and afterwards separately
eraiicd.All the names are very indistinct.
The foregoing rettim from the Gild of St. Edmund, is written on a
long narrow roll, in a remarkable hand, and with an ink that has much
faded. It has been afterwards corrected, in several places, by another
liand, and with an ink which is still black. No part of the list of names
is in the same hand or ink as either the first writing of the original return
or the corrections.
97
XXXVII.
[Gild of St. Nicholas,] Lenne Petrl*
n ye honuraunce of ihesu crist of heuene, and of his der Thegiidwas

I woryi moder seynt marie, and of ale halowene, and spe-
ciallike of yt blisful corsant seynt Nicholaus, yis fraternite is
by-gunnen and stabled, in ye fest of ye selue day, in ye 5ere of

houre louerd a thousande ccc^^ô fyfty and Nyne. And yis gilde Four meetings
schal bane, by 5ere, foure mornspeches. Ye fyrst schal be after year to each of
;
which every one

ye drynkynge : ye secunde schal be on blake monunday : ye yride shall come, under
schal be on mesomur day : ye ferthe schal be on mykames day.

And who-so is somound to any of yis mornspeches, and he be in
toune and in liele, and ne wyle noughte come, ne make attorne for
him, he schal pay to ye lyht half a pounde of wax. And if he whoever gmmbiea
grucche, he schal pay a pounde of wax, or lese ye fraternite for

euere more. And if ye Deen faylie of is somones, he schal pay, The Deanshaii be
. , ix A 1
fined,he fail to
if
tor ilk a man and woman i.
yat is
1
nognt somond, a peny. And summon any.
eueri sere schal ye Alderman callen up foure men of ye gilde

officers shall be
chosen by picked
breyeren, for to chesen Alderman, and Skeueyns, and Deen, yat '"^n.
bene profitable for ye gylde. And if any of hem y* aren chosen, officers chosen
for-sake ye office, he schal pay to amendement of ye gilde; y* is shall pay a tine.'
to wyten, ye Alderman, xyj.c?. ; eyther skyueyn, xij.c/.j and ye

deen, vj.c/.; wyth-outen any grace. And who-so trespase a-geynes Anyoneiii.be-
having during any
ye Alderman, or a-geyu any of ye gilde breyeren, in tyme of feast or meeting,
shall pay a fine
drynkynge or of mornspeche holdynge, he schal pay, to amende- ^^^ '"^^ê amends,
ment of ye gilde, viij.cZ., and make pes to him y* he has trespas

a-geyn, by ye ordinaunce of ye gilde breyeren. And if any
* CCCX. 2 1 8. Condition, bad ; and a large piece destroyed.

;
OILD or FT. NICIIOLA9,
fcrifc* broyer or jrtter of y\ ^xUh- \*c ilotlo, yc docn Bclml dt* cmc ye
CAndeles of yc giKIc to diriô, niul wurne nllc ^Klo hreycrcn and

giiterei to conic itnd go wyht yo cors t^) cliirclio, and ofTro an
ludpaiy. And who-so come noght to ye ofTiTuiid, and he he in

ioQDe and in hide, ne make non attorne for iiini, he Kchal pay, at
ye next monispeehe, a i>eny to ye ahnus. And cucrilkc broyer
lior and sister of yis gilde y^ dede is, schal hauo for hia houIc, of yc
propre catel of ye pilde, xxx. mosses. And yc Aldorninn schal

o hauc, euere-iche day wliyU^s ye drynk histes, out-taken yc firHt
nyht and ye last, a galoun of ale ; eythere skyiien, a galon ;

ye
deen, a galoun; and yc clerke, a golon. And who-so entre in-to
itootAaB^Btor ye boteri yer yc ole lytj, wyht-outen leue of officcre, he schal
ihtaitttM. pay, to ameudement of yc gilde, ij.d. And who-so entre in to
Kw fWHii ijiaii yis frateniite, be schal pay ye ryghtes of yis gilde; y* is to weten,
MJ ikt anal
ti Biiw itiM. mmI to yc Aldennan, iyd. ; ye clerke, a peny ;
ye deen, a alpcny ;
Btoftte and to ye wax, a alpcny ; and fynde suffisaunt borwes of pay-

ment of ye catel for his entre, yat is to seyne, iiij.s. And
llMSuwanbthaii ordcyncd hit is, y* y^ catel of yis gilde yat ye skyueyns schullcn
flsd lUfiKin for
ffhriBf u account hauc on haudc. schal be dcliuered to hem, by suffisaunt borwes
gjjjj*jjj to bryug ye catel, wyth yc enere8eem[en/], by-forn ye Alderman

ymtttgu
ymrtjtmtni g^^ yg gilde breycrcn and] day don
at yc general m[orn8peche : if
iwtiiif
[noght] bos hit is be-forn sayde, ye Bkeuey[ns schal pay^ to a]men-
dement of ye gilde, x\.d. or here borwe[5ybr hem. And who]-BO
^*'^]i''"^!i'*
discuret3 yc counseyl of yis gilde to ani [straunger, and lie he]
**^****^
ouertaken, he schal pay, to amcndement \pfye gilde, . . d.,or lese
NooDcriiai] ye] fratemitc. And ordeyned hit is v* no

bringana at Uw, -"
.
"^ "^
plete oyer in no place for dette ne

"J*j^ J*"
^^}^Jt!^'.
nan and gild, and
leue of ye '
Alderman and of
kava bMn gimi.
No one hall come Also vat non

to the faaat in
taiwrd, oor in
doali. DOT with
jo
jg^ bc-forn ye Alderman
fom ve Alderman and

''
ffilde bro
kip^bare. oor Jeg^ nc barfote, and

peny. And who-so
No one riiaO aj a peny. And yat no man
"^ *'
in the gOd-bouw '
after the AJdennan Alderman riset, but men of office

to ye lyght a peny. And ye Deen schal haue, for
WEST LYNN. 99
by
^
sere, Y].d.
^
And ye Gierke shal haue, for his trauayle
"^ J be Jye salaries of the
.' "^
Dean and the
5ere, xij.e^. cierk.
'Sunt custodes dicte Gilde : tamen, stewards of the

Robertus Palmere gild but there is
:
de bonis dicte Gilde, nichil habent, no stock in hand.

Johannes Harte
quia bona seu catalla dicte Gilde
Johannes Dykessone I
L non pertinent.
Note.
The second line of the ordinances next following, shows
that Lynn Petri is but another name for West Lynn. West Lynn has
also been named before, p. 57.
;
lUO
XXXV IT I.
[Gild of St. John Batti.st,] Lknni: rKTin.*
TWgM iwt rpliise been ye 8tatu3 of ye g}lclc of ye holy proplate Si'}iit

AM. in.
I
Jon baptist, bc-gnniun in West Lenue in ye 3cre of houro
loucrd a thousand ccco seuenti and foure. And yis gildc schal
banc foure mornspcclies be ye jeere. pe first schal ben after yo
rmr,tomô( drjTikvnge
'
:
J>c secunde schal ben \Ti-on ye scynt Jhon day in
vtikii vwy <mt , , , , , ^ t i
/-i ^
ab^coac, uMkr heruvst : bc thrydc schal ben vp-on scynt Jon day in Lriste-
mcsse :
Je fourte schal ben vp-on scynt Jhon day in May. And
wboflo be soinonde to anny niomspcche, and wil nought come, ue
make a-toume for h^-me, he schal pay half a pound of wax.
Tht ivn amB be And if vc Dene faile of his somounes, he schal pay, for ilk a
aad tf bc&il to
noHDoa aaj. broyer and systere yat is nought somonde, a peny. And who-so
oatandMHti. is chosen in office of Alderman, and he for-sake is office, he schal
riaJi pajr floe. pay, to amendcmeut of ye gylde, ij.s. ; eythere Skeueyn, xviij.c/.
Anynnemisbe- ^nd ye Dcu, xij.c/. And who-so be rebel a-geyn ye Alderman in

lukting durinx u
tout >
fouc or iDMtinx
ineetinx tyme of drvnkynge, or of mornspeche holden, or in any oyere
t}'me, vnskilfullik, he schal pay, to amendement of ye glide,
AnyoMwriMirfng ij. pounde of waxe. And if any broyer or sistere be rebel a-geynes
nolhw iImII pajr
ft iiM. and make oyere, or bere him any falsede or >vrong on hande, and hit may be
Mb ameiMlt as
tteAkienDan and proucd, he sclial [pay], to amendement of ye gylde, ij. pounde of
waxe, and sjiihen make pees to hym yat he has trespasede
RcnrfeeB for tbe a-gc}"!!, by a-sent of ye Alderman and ye gilde breyeren. And
deadyandoflieriogs. >
if any broyer or sistere of yis gylde be deed, ye Den schal do

come ye candeles of ye gilde to ye Dirige, and warne al ye gylde
breyeren and systcrs yat ben in hele and in toune, to come, and
go w}th ye cors to kyrke, and offere a halpeny; and euerilk
CCCX. 257. Conflltion, ba<] ; and a large piece destroyed.

GILD OF ST. JOHN BAPTIST, WEST LYNN. 101
a broyer and sister schal gyuen an oyere halpeny to ye almys.

And ye Den schal gedren ye forseyde halpenys, and by wybt-al The Dean shaii
buy wiistel -bread
breed, and gyue hit for ye soule. And if he do nought os hit is with these otier.
ings, and give it
be-forn seyde, he schal pay, to amendement of ye gilde, ij.5. And [* the poor].
...
euerilk broyer
,
and
.
sister y'
ill.
deede is,
Ill
schal naue, oi ye propre
f Masses for souls of
the dead,
catel of ye gylde, xxx. messes for ye soule. And who-so entres New-comers shaii
Pf-y the usual
m to yis iiraternite, he schal pay ye .
fees of yis
.
hous : yat
.
is to house-fees, and
find sureties for
weten, to ye Alderman, ''^ye
i].d.: /x^/^
peny; ye dene, a peny:
clerk, a
^ X '
pavmentofthe
en trance- money.
and ye wax, a peny ; and ffynde suffisa[im^] borwes of ye paie-
ment for his entre. And ye A\derm[an schal haue], eueriche Allowances to
ofHcers at feast-
day whiles ye drynke lastet, two galouns [of ale; eueriche] times.
skeueyn, a galoun ;
ye clerke, a.
And who-so entres in to ye The ale-chamber

? shall not be
i. 1
leue 01 men of omce, he entered.
wax. And also Ordey ,.. The stewards shall

1
skeueynes
11
scholen
find sureties for
giving an account
- /y 1 of the goods at the
by SUmsaunt bo yearly general
meeting.
1- r A1J
be-iorn ye Aid
vp ye peyne
yis gilde
he schal
make noyse No one shall make
, , .
noise in time of
stylle, and he wil , feasting.
[of] waxe. And so yat no man dwelle No one shaii stay
[i/e] Alderman riset3, but men of office and who-so : after Uie Aidert^
schal pay to ye lyght half a pounde of waxe. And al-so ordeynd

No"iid\roth r
hit is, yat no broyere of yis ffraternite ne schal gyuen wed and orbeJome^surety
borow vp-on oyere, ne him somoune, ne do somoune, for dett beghâny suftât
ne for trespase, til swiche tyme as he has shewed his agreuaunce o^ThrAWe"mar^
til ye Alderman and ye gilde breyeren yat ben chef of ye coun- shaii*^doTheir^bcst
seil. And ye Alderman and ye gylde breyeren shullen prouen, quarrel.
vp-on here myght, for to a-corden hem. And if yei mown noght
acorden, let hem make pleynte in what plase so yat yei wyle.
And who-so do nought als it is by-forn hy- seyde, he schal pay,
to amendement of ye gilde, xl.d. And who-so make any dis- Penc-vity on any
one disputing any
turbaunse for any poynt yat is ordened be ye first foundurs of of these ordi-
^
* "^
nances.
)
lOdI oii.D or ST. JOHN nApTifn", wf>?t i.ynn.
MiMyrik yw j{iKI\ ho hchul iwiy, to ftinciulomcnt of yin jîldo, ij.^. Ami

yo Dccn Hchnl hauc fi>r lu trnunylc, be yc jcro, vj.(/.
ii> Adam Outc'lawc hnlut in custodio, dc bonis dictc

Oildc, vj.#. viij.r/.
HcnricuB Boston habct vj.. viij.c/.
Note. Two points in this return call for remark here. First, the
letter '
h* is used four times in one sentence, each time at the bej^nninj^
of one of the four clauses that make up the sentence. In every otluT
place throughout the return, *y' is used for the one-letter sound of
'th.* In other returns, sometimes 'h* is used, sometimes *y;' but
whichever is used, it is constant throughout the same return.
Second, in this return alone though ihc fact was prohably
is it stated,
the same in every gild, that the offerings at the dirge were to be spent
in buying bread to be given to the poor. (Com]are the return No.
XLVI.) And the bread so bought is to be 'wyht-al' or 'wastel'

bread, that is, bread '
white and well baked.* In other words, the
dole to the poor shall be of eatable bread of the best quality, and not
'cocket' (seconds) or *
simnel' (twice baked) bread.* The word
wastel'is no doubt (by the very common transj)Osition of the 's')
the Old Northern '
veitsla' (feast), the wastel bread being what should
always be given to guests. ' Veitslu-dagr' is (fies epnlaris.
two sentences seem to me to shew that part at least of the
lliese
ordinances found in this return were copied from the now lost ordi-
nances of some gild much older than the date when this one itself
began.
In a vocabulary of the early part of the fifteenth century, contained

in Mr. Mayer's privately printed volume of Vocabularies, no less than
twelve sorts of bread are named (pp. 197, 198). But among these there
are many of very coarse quality, and not made from wheat. Wastel,
cocket, and simnel are the only sorts recognized in the "Assise of Bread."
In the Vision of Piers Plowman, the contrast between the sorts of bread is
strongly put. Piers tells Hunger that,
"A lof of Denes and Bren, I bake for my children ;"
but adds that, after harvest,

" Ne no Beggare eten Bread, lât Benes inne come,
Bote Cocket and Cler Matin, an of clene whete."
(Mr. Skeat's edition of the Vernon Text, pp. 89, 90.
See further, the Note at the end of the " Usages of Winchester," in Part
III. of this work.
103
XXXIX.
[Gild of St. James,] North Lenne, Sancti Edmundi.*
Tn ye honour of ihesu crist of heuene, and of his modyr

-- seynte marie, and of alle holy halewen, and specialike in the
honour of seynte James, of qwom owre fraternite is foundyn
and stablyd. Yeis arn ye ordynnaunces of our Gylde, ordeynd Four meetings
shall be held every
be alle the hoi fraternite. Yat ther shuln ben foure morwespeches year, to each of
which every one
be 5ere. Ye first shal be aftere ye drynke : ye secunde shal be ye sâii come, under
Sunday nest aftere the fest of sein mihel : ye thryd shal be ye

Sunday nest aftere the pyffanye : the ferde shal be the Sunday
nest aftere ye fest of sen Barnabe apostel. And who-so be
somound to any of yeise morwespeches, or to any othere, and
he be in hele, and wille nouht comen, ne make non attorne
for him, he shal paye to ye li3t half a pound of wax. And
if ve Deen falie of his somouns, he shal pave, for ilk a broyere Tiie Dean siiaii be
and sistere nouht somound, to ye amendement of ye li3t, j.d. summon any.
And also ordeynd it is, yat eueriche broyere and sistere shal paie. Three candies shall
be kept burning
at eueriche morunspeche, ob. to ye wax, for to meyntene iij. during divine
service.
Candelle brennend a-forn ye seintt of seint Jame, in ye wor-
schepe of god and of yat holi seint, seynt Jame, in ye tyme yat
diuine seruise is seyd in festiualle dayes. And who-so be chosen officers chosen,
in ofFyce of Alderman, and he for-sake ye

rp
oiiyce,
111.
he shal paie, to
^"^ "^'^ serving,
shall be fined.
amendement of ye li3t, j. Zi. wax ; and ey there skyueyn, j. li. wax ;
* CCCX. 141. Condition, fair ; but a large piece destroyed.

+ So in original. No doubt "altar," or "image," was intended to be
wrilteri.
i(Xi nii.n or sT. jambs,
ftinl vc Divn,* Ji.

quarter
I
/i. wax. Ami wlio so entrc in to Jvia
J 111 lllBII .
K.i<^ frutoniilo, he shnl imio \c rvtlicH (f yc houH, houo-ho lie conicti

"' *tm ibr ;i^-
t ^ . "
'**^ in : to )c AMcrinaii. ij./. ; to ye Clerk, j.r/.; nnd to ye Decn, j.rf.;
and to yo wax, j.</. : nnd fyiulen suflisand horwcs to mftkc yo
fMiymcnt of his cuuenauns for his cntre. And if any broyere
or aistcre of yis CJyldc be dcd, he shal do come yc Candelles of yc
Oyldc to ye Dirige, and wani alio ye Gylde brcyeren and Bisteres
to conien and offren oh. atte eherche ; and he y^ comct3 nouht to
yc offrend, he shal paye, at yc next morwespechc, yd. to the
alnius for ye bowIo. And if any broyere or sistere be deed, he
U um n far took of nhal haue, of ye propre Catel of ye Gylde, xxx.(/. to messes for
his Bowle, and ye Alderman and ye Skeueyiis shuln do synge tho

messes qwer-so wel3m yei shuln. And qwo-so be Alderman, he
^""f* shal haue, atte euenes, ejihere euene, a galoun of ale and a q>vyt
lof ; and ye Skyueyn, eithere hcuen, a potel of ale. And if any

l)rotherc or sistere of ye Gylde falle at any meschef, he shal han,
in ye wooke, q>^'}le8 he leueth, iiij.r/. to sustynaunce. And who-
so Ihj relx?! of his tunge a-geyn ye [AMer]mAn, or ageyn any of
2j^*J2*
^*"** ye Gylde bretheren or sisters, in [tlnie of dri/n]kyn^c, or* of
mon^'cspeche hoMcn, he schal paic, to [i/e ameiulement] of yc
li^t, di. li. wax. And if any broyere or sistere of y[w Glide
.
o*" here] liis broyere or his sistere any falscd or >\Tonge [on Jiaiid, and
WfooffBtg mother,
iteflp^jsfliM. ,/ mai/] \ye proued be ye Gylde bretheren or sisteres, [lie shal
jxiie, to ye a77i?i]dement of ye li3t, ].li. wax. And who-so [entret^
Thiiaie-âBbcr in-to ye cha7jd>re] there ye ale lythe inne, w^-oute [lev of men of
***^- shal^ paye to ye li3t ].d. And ordeynd
fiffyce^ ^MJ is,
TteSMwank ye Skyucyns schuln [have] in hand

flndnrcttes
hem, be sufficiaunte [borv;e]fi, to bryng
OwîL^"'
irtiJriMiy****'* ^^'^^P^c^<^ bi-forn [ye ylWeJrman, and
fOMfBi meediig.
yp-on table. And yv[li0-8o] faly, y*
paye to yeli3t ij.li. wax, or h[i8 borwes for him. And who-so]
^*^^^ noyse or ianglynge in tyme [of drynk, or of morwespeclie']
kuaSbuttSHwtA
tfBffog feasor
holden, and ye Deen comande hym be [still, and he toil nout,
he sluil] paye to ye li3t di. li. wax, or lesen ye [Gilde, hut if he
This word is written " of" in the MS. But it is so plainly a slip of
the pen, that I have read it as if the letter " r" had been written.
NORTH LYNN. 105
haue grace. And] ye Deen shal haue for his traualie, be êre, salary of the
iiij.d. And [ordeyned] is, be alle ye Gylde breyeren, y* euerilke

broyere and sistere shal paye to ye Almus, for evere-ilk broyere Aims for souls'
sake.
and sistere [ for] his soule.
Johannes Knolles, Alderman : et nichil habet de Catellis. The giid has no

'
stock in hand.
North Lenne.
108
XL.
[Gild of St. Edmund,] North Lexne, Sancti Edmundi.*
Tn yc honour of ihcsu crist of hcucne, and of his modcre scintc

-'- marye, and of alle holi Imlowcn, and spccialikc of yat holi
mart}T soint Edmunde ye kyn;^'e, yis ffratcrnitc is foiindyn and
Btahktl. And yis Gylde shal liauc fourc niorwcspechcs bi 3crc.
jar. lomch of Yc first shal be aftcre ye drynkc : ye sceounde shal bene ye first
Sunday of lentone : ye ji-idde shal bene ye Sunday aftcre scintc

Thomas ye martjT : ye fourte shal bene ye Sunday aftere seint
Dionise. And who-so be somound to any of yise monve-
speches, or to any oyere, and he be in hcle, and ne whille nouht
come, ne make attonie for him, he shal paie to ye li3t half a
Hm TVan klikll b pounde of wax. And if ye Deen faile of his somouns, he shal
Md if hr r>l to
paie, for ilke a broycre and sistere yat is nouht somonde, to
amendemcnt of ye li5t, j.c?. And also ordeynd it is, yat eueriche
broyere and sistere shal paie, at euerich morwespcche, ob. to ye
ball be kept
bominf during wax, for to mentene iij. Candelle brennend a-forn ye seint, in yc
dtrliM Miiioe.
worschepe of god and of y* iche holi seint, seint Edmunde ye
(fc.) kynd and martyr,
^ in ye tyme yat diuine seruise is seyd in festi-
ualle daycs. And who-so be chosen in offyce of Alderman, and

Mid MC MTTtaig,
ihaUbefliMd. he for-sake ye offyce, he shal paie, to amendement of ye li^t, ].li.
wax ; and eythcre skeuc}Ti, di. li. wax ; and ye Deen, quarter li.
New lull wax. And qwo-so entre in to yis fratcrnite, he shal paie ye
rightes of ye hous, sone-so he comet3 in : to ye Alderman, ].d. ;
for pajnnent of
CBtnaoe-iBODe}. to ye Deen, oh. ; to ye Gierke, ob. ; and to ye wax, ob. ; and fynde
BufSsaunde borwes to make ye paiement of his couenauns for his
CCCX. 149. Condition, fair; but a large piece destroyed.

.
GILD OF ST. EDMUND, NOllTH LYNN. 107
entre. And if ani broyere or sistere of yis Gylde be deed, ye Services for the
. .
dead, and ofior-
Deen shal do come ye Candelle of ye Gylde to ye dirige, and ings.
warne alle ye Gylde breyeren and sisteres to comen and ofFre an

halpeny at ye kyrke ; and he yat comet3 nouht to ye offrende, he
shal paie, at ye next morwespeche, to ye almus, ].d. for ye soule.
And if any broyere or sistere of yis Gylde be ded, he shal haue, of Masses for souis of
the dead.
ye propre Catel of ye Gylde, xxK.d. to messes for his soule, and
at ye Alderman and ye Skeueyns do singe yo messes. And who
is
Gylde breyeren or
...
rebel of his tunge a-geyn ye Alderman, or a-geyn ani of ye Unruly
sistere, in time of drynke or of morwespeche

shall be
by a
speech
punished
fine.
holden, he shal paie, to amendement of ye li5t, di. U. wax. And

if any broyere or
*' *^
sistere of vis fi'aternite here his broyere or one
*'
beiieing or
"^
wronging another
sistere ani falsed or wronge on hande, and it may be proved bi ^^^*^ P*y ^ ^"^
ye Gylde breyeren or sisteres, he shal paye, to amendemente

of ye
^
list, ].li. wax. And who-so ^ in-to ye
entrets "^
Chaumbre The aie-chamber
^ *
,
shall not be
^
yere ye ale lyt^ inne, with-oute leue of men of ofFyce, he shal entered.
paie to ye li3tj.eZ. And ordeynd is, yat ye Catel of yis Gylde The stewards shall
find sureties for
'*'*'
yat ye Skeueyns shulen haue \in hand] shal be deliuered to hem, * -^
the goods of the
gild, and render
bi sufficiaunt borwes to brynsje ye catel,7 \at ye aaelneral morwê- ^" account at tho
J n J L t/ J yearly general
meeting.
speche, bi-forn ye Alderman and ye Gyld breye[re?^ mid sisteres,
and leyri] doun vp-on ye table bi-forn ye Alderman. And wh. . .
paiement, he shal paie to ye li^t of ye gylde
And who-so make noyse or iangele in time of No noise nor

jangling allowed
and ye Deen comaunde
""
hym be stille during feast or
_
meeting.
di. li. wax, or lese ye fraternite of
uaile, bi 3ere, iiij.cZ. And ordeynd Salary of the
Dean.
and sistere shal paie to ye aim Aims for souls'
sake.
'
Robertus Kocsoun, Al tûrgUd!''"''"
106
XLI.
[Gild of Caxdlemass,] Noktii Lenne, Sancti Edmundi.*
the hoD'e of ihesu crist of heuen, and of is modcrc seinte

In
marie, and of allc holy halowen, and spccialike of ye fcst of
oure huly yat is clepcd Candclniesscday, this fratcmitc is foundcn
and still (letl. And this Gylde shalle haucn foure mornspcches hy
3cro. The fyrste shalle ben the morn nexte aftere Caudclmesday. î
The secuiide shalle be the Sunday next aftere y feste of ye
Annunciacioun of oure lady seinte marie. And the threddc'''

ehalle ben ye sonday next aftere y feste of y Natiuite of oure ^'*y
lady. The fourthe shalle ben ye sonday next aftere ye feste of
ye Concepcioun of oure lady. And who-so be somound to any*Z^'

of yis morunspeches, or to any othere, and he be in hele, and he
wille nouht come, ne make none attorne for hym, he shalle puye
TW DAa hAii be to *\e lv:t ].li. wax. And if ye Dccn faile of his somouns,
flMdifbefulto . .
maamtm any. he shalle paye, for ilke a broyere and sistere yat is nouht soniond,
TiirwcMMiietiiiAii di. H. of wax. And also ordeynd it is, yat eueriche broyere and
be kapt bomliig
sistere shal paye, at euerich morunspeche, ob. to ye wax, for

{/tic) to meyntene iij. Candelles of wax brennend aforn ye\ in ye wor-
Bcliipe of god, and of iche holy mayden our lady seint marie, in ye
t}Tne yat diuine seruise is seyd in festivallc dayes. And who-so
offifOTicbown, chosen in of alderman, and he for-sake Jye
\yQ oflFyce '
offyce,
J he
and not terrtaff,
'
^
itiau be fiocd.
shalle paye, to amendement of yc lyt3, ij.î. of wax; and eythere
N-oBeniiiaii Bk}-ueyne, j.î. of wax; and ye Deen, di. li. of wax. And who-so
BjtlMhOIIW-
ûdflnd entre in to yis fraternite, he shalle paye y^ ry^tes of ye hous,
for ry.
Brntorcotnoce. Boon-80 hec comcn in: to ye Alderman, j.c?.; to ye Deen, j.d;
CCCX. 207, Condition, fair; but a large piece destroyed.

GILD OF CANDLEMAS^ NORTH LYNN. 109
and to ye wax, 06.; and fynden sufficiaunt borwes to make ye

payment of ys couenante3 for is entree. And if any broyere or Services for the
dead, and offer-
sistere of this gylde be ded, he shalle do comen ye Candelle of ye ing3.
Gylde to ye Dirige, and warn alle y Gylde breyeroun and

sisters to comen and offren oh. atte ye Chirche : and he yat
comet3 nouht to ye oflfrend, hee shalle paye, atte next morun-
speche, \.d. to ye Almus for ye soule. And if any broyere or sistre Masses for souls of
the dead,
of yis Gylde be ded, hee shalle haue, of ye propre catelle of
ye Gylde, xxx.c?. to messes for is soule. And ye Alderman and
ye Skyueyns shun* do syngge y messes, vppoun ye disposicioun
of ye Alderman and ye Skyueyns. And who-so be rebelle of is Unmiy speech
shall be punished
tonge agayne ye Aldre[man], or agayne any of ye Gylde bretherene ^y a fine.
or sisteren, in tyme of [drynki or of morunspeche holdene, hee

shal paye, to amendement of ye lyt5, j. li. {wax. And] if any one beiieing or
. p . , , .
wronging another
broyere or sister e 01 yis iraternite bere is broyere or sistere any shaii pay a tine.
[/alsed or wrong] on hande, and it may be proued by ye gylde

breyerene or ^\B\teren, he shal paye, to ajmendement of ye lyt3,
\.U. wax. And who-so entre in [to ye chaumhre yer ye ale lyt7] The ale- chamber
in, w*-out leue of men of office, he shalle he shalt entered.
ordenyd is, y* y catelle of yis Gylde y* y sk , The steward shau

find sureties for
shalle be delyuered to hem by suiFysaunt the goods of tiie
gild, and render
general morunspeche
i
be-for ye Aide ./
an account at the
yearly general
table ; and who-so faille yat d meeting.
or is borwes for him. And

or of is morunspeche holden
nouht, he shal paye to ye
by 3ere, iiij.d And ordey Aimes for souls'
and sistre shalle paye to ye

ye soule.
John Knolle, Alderman ye se
North Lenne.
* This word has a scratch over it, which may be accidental, but which
(though, if so, very unusual) may be intended for a mark of contraction,
as if the word should be read **shullen." But there is no other instance of
the kind throughout these returns. "Schun" (before, p. 67, twice) has no
such mark.
t These two words are thus twice written in the original.
;
)I0
XLII.
[Gild of tiik Uot.y Trinity. Wyhvalf, Norfolk.*]
Certificacio fundacionis et regiminis giUle Saiictc Trinitatis Je

Wi/giiale, per Aldermannum eiusdem.
Tn the worcbip of god, ami of liis modur marie, an specialy of

-* the holi trinito, in qwose worchip this fratcrnite is ]>c-
gonne. Soy a pater nostcr, and Aue pur charite, and ne no.s,
&c. ; laudcmus qui fecit celuni, &c. ; Benedicamus patrcm, &c.

M. oat or the
Otlkm. laudenius, &c. ; Benedictus es doniine, &c. ;
per signum sancte
crucis, &c. ; In omncni terrain exiuit sonus eorum, et in fine
orbis, Ac. ; Oremus, Oremus, Oiniiijwtens, &c. ; Be-segc we ihesu
crist mercy, for the ])ees, an for the stat of holy chirche, for
the poi>e of Rome an his Cardinales, <fec. ; vt in Pulpito.t And
for alle the gilde bretherun an sisterun that this gilde furst
begonne, and lengest sal vp-haldene, says a pater noster, Phalraus
BuHali at coat ol Deus misereatur nostri, &c. Also qwat brother or sustre die,
UicfikL
and he may noughte be broughte to the hergdes wyt his owne
catelle, he sal be broughte '^^'yt the broderhedes. And if he
Drowned nicii be drowned in water, he sal be soughte vj. myle about, and
ihall be Marched
for. the lyghte be broughte be-for hem to the kirke. Other funda-
cioun es ther non.
CCCX. 20. Condition, disfigured by the use of galls.

+ The MS.S. of this and the two following returns are in such bad condi-
tion, that I some of the initial words of the prayers named in
feared that
them might not have been correctly taken down. I am indebted to the
courtesy of the learned author of "The Church of our Fathers" (already
quoted in the Introduction), for the verification of their correctness, save
in a few caaes where the scrilje of 1389 has made literal blunders too
obvious to mislead any one.
; ;
Ill
XLIII.
[Gild of the Assumption,] Wyggenale, en Contee de ôrffolk*
Anno regni Regis Richardi secundo^ viijo., die Assumsionis. ' (sic.)
Tn ye worschipp of Jhesu crist, and of is dere moder seynt

-*- mare, and ye holy feleschipp of heuene, and specialy of
oure lady sent mare of ye assumcion of oure lady, in wyche
fraternite ys be-gunne, in ye ton of Wygenhale, for to wor-
scliippe oure lady. In ye worschipp of god and of is moder,
in a-mendement of oure lyff, and sauacion of oure saules, and
sayes a Pater noster and a aue pur charite.
Laudemus Deum, &c. Benedicamus pater, &c. Benedictus Latin prayers to
be said out of the
es, &c. Per signum sancte, &c. church offices,
Maria virgo semper letare, que meruisti Christum portare,

celi et terre conditorem, quern de vtero tuo protulisti, mundi
Saluatorem. Deo gratias.
Be-seke we Jhesu crist mercy, ffor ye state of holy chirche English prayer of
this gild, for the
and al yer-to longes. Church
Also we schal be-seke for oure lord Kyng Richard of ynge- for the King,
lond, and for ye qwene, and ffor alle ye baronyge, and for alle yat baroKage
to yam longes, yat gyff yam grace to ouer-come ere enmys.

Also we schal be-seke for ye pope of Rome, and ye Patriarcke for the Pope and
of Jerusalem, and for alle holy kirke, and al yat to it longes.
Also we schal be-seke for ye holy lond, yat Jhesu crist, for is for the holy land;
mekul mercy, brynge it in to criste powere.
Also we sal be-seke for y frutte y* is on ye herthe, yat god for the fruit of the
send it soche wedurynge y* may turne cristen men to profyt.
* CCCX. 119. Condition, very bad.

;
lis OILD OF TIIK ASSIMPTION,
Ami (for jtchipp-men nm! fir nl men yat trniinylc, be bc nml \tc
\tktn\. Ami fir ul yat yi.H frutornitv first iK'-âinne, ami lougca
wil vphold. Ami yci to siiyc a patvr nostcr pur clmrite.*
Deua miscriatur nostri, &c. ; Gloria patri, &c. ; Kyrielcison,
&c, ;
pater nosier, &c.; Dies fuit, Sec; hubumlat cûemcuiiHiuc
Deoi a quo, &c.
niM4M<UNl Also be-sekc Jhesu mercy for oure faderc saulcs, and for ourc
moderc saules, and for yc cristc sanies yt ben in ye bitter paync of
purjîtore, and for al yc brethirc saulcs and sisturrcs yat to yis
fratornitec louges, and maynteynen in ye worsohipp of oure

I^dy. Says a pater nostcr, ic; De profundis, &c. ; oremus ;
Incline Domine nc fidelcs, &c.; benedicite dominus, &c.; Hie

DOS benedicat. Godes helpe be a-mong vs. Aincu.
Johannes de Tydde.
fiU. Robert us de Gcdney.

Adam Halyward,
Robertus Helys.
Johannes Dey.
Thomas de T}Tiiigetoun.
Johannes Gerard.
Johannes de Heyssewelle.
Johannes Wyntur.
Galfridus Lewer,
Ricardus Mayden.
Laurence Laycy.
Thomas Drewry.
Cicillia Leman.
Angneta Haliward.
Assel}Ti Millener.
Beatrix Deye.
Isabella Laicy.
Cicilliu de Tydde.
Katerina Witrasse.
Margareta Garenelle.
* Compare with this the very remarkable prayer of the Gild of St.
Christopher, Norwich, Wfore, pp. 22, 23.
WYGGENALEj NORFOLK. 113
Wyntur.
Alicia Paschelewe.
Alicia Gerard.
Angneta Spense.
Katerina de Gedney.
Alicia Daundy.
Elena Williams, filia ....
Qwat brother or systur dey of yis fraternite, if lie deye soden search shall be
dede, be water or be lond, he schal be soughte vj. myle a-boute, dying suddenly, by
water or by land ;
of power to pay and he shaii
of oure cost, he be nouerht
'
if
& r r J for hym-self
J J
:
have burial ser-

and oure lythe to ye derige and to ye kirke; and ye next vices,
sonunday aftere, he schal haue ix. messes. And al yo y* were

naught at ye beriynge of ye corse, schal pay a oh. to oure lady
lyght, and to ye leuacion of godes bodi . . . kepe, if may so far
reche.
Qwat brothere or systure here other any falsed on hand, and Any one beiieing
- -
schal paye to
117
ye lyght oo.
another shall be
fined.
Ista sunt debits de gylda de Assumsionis beate marie, in Goods of the giid.
villa de Wygenhale.
Robertus Helys habet de moneta, vj.s. y\\].d.
Thomas Drewre debet xl.c?.
Qwat man yat comes nought to yis toy morunspeche, he schal Any one not
coming to the two
pay to yis lyght a oo. meetings shall be
fined.
[Several names have been written on the back of this roll,
with some accompanying description; but the whole is now

quite illegible.]
;
lU
XLIV.
C^rtificcUio regimtnts oilde de Cuanbone, in villa de Wyonale,

per Thomam Cfuipelcyn, Alderniannum*
Til honf of iliesu of heiien. and of liis inocler scinte marie, an

-* of ftlle Iiahvcn, aud specialy of seiut Jolian the Ewangoliat, in
(jwoso worchij) tliis fratvrnitc is bc-gunnc. Scy a pater noRter

jmr charite ; Et ne nos, &c. ; set libera nos, &c. ; laudemus
, oat of
deuni, qui fecit eelum, mare, et omnia que in eis sunt ; Bencdi-
camus patrem, &c. ; laudemus, &c. ; l>enedictu8, &c.; per sijûm
sancte crueis, &c. ; In omnem terram exiuit; orcmus ; Ecclcsiam
tuam (juist dominc, &c. Besecbe we ihesu crist mercy, for
Bcmywof the pees and Htate of holy cliirche, for the pope of Rome an
pop* the cardinals, for the patriak of Jerusalem, and for the stat and
ou-im^l'u!^'"^ P^^ ^^ holy chirchc: meinten hem and susten hem; and for
'''
the Archibischope of Canterbury, and the Bischope of Norwyche,
i :,ofi!ii- ""^ ^"^ the Prioresse of Crabous,^ and for alle the coucnt,
and for alle Archibischopes, Bisshopes, Abbotes, Priours, an for
alle men and wommen of religioun ; and for the kynge and the
CCCX. 139. Condition, very bad.

+ This HeemB to be a mistake for " quaesumus," or for some contraction
of that word but it ib plainly "quia" in the MS., and it has no mark of
;
contraction over it.
X It is right to say that this name could not have been made out from
the original return alone. But, on comparing it with an ancient MS. in
my possession (formerly in the famous Bering collection, but once belong-
ing to Sir Roger Twysden), which gives names and particulars of the old
abbeys and priories in England and Wales, I find that all the remains of
the word that can be traced in this return (except the dropped "h," and
"u " for " w"), agree with the name " Crabhows," which is recorded in that
MS. as being in the county of Norfolk. See also Tanner's Notitia, Nor-
folk, " Crabhouse."
GILD OF CRANBONE, WYGNALE. 115
qwene, and al the Comones of this Roialme, vt patet in Pulpito,

&c. And also more-ouer, this is the ordinance of this Gilde,
apud Cranbone in villa de Wyggenale ;
qwyche was be-gunne in The giid was
the day of Seint Johan the Ewangelist, in the 5ere of Kynge

Richard second xjo.
^
That if any
''
man be ded of this fraternite, '
Bunais at the
ofthegUd.
cost
wyt-inne vj. myle about, o lond or of watre, and the lyghte sal
be brought to bery hym, wyt the cost of al the companie.

And qwo-so of that companie absent hym fro the beryyng, he
sal paie an alpenie to the gilde. Also, if any mann of companie ^^^[^'û^"^^
ben wi'othe, they sal take tway men of the brethere to accorden
J^^J^^
*^^'*^
hem; and if they mo we nought accorden hem, ethir sal peye a

peny to the lyghte, an pursue to the Commone laghe qwer-so-
euer they wylle. Also more, twey dais of mornspeche in the Two meetings shaii
be held every year.
yere : that is for to say, on the day aftir day of seint Thomas
in Cristimasse : the secounde, seint Thomas day of Canterbury.
And qwo-so comythe nought to the day, if the ben in town, the
sal paie an alpenye to the lyghte. Also we haue a peyntid Goods of the gild.
clothe that cost xl.5., qwyche was ordeined to hang in the chirche
in the^ of seint Johan on hes festes. Also, we fyndyn a torche ' ^"^-^
to servyn atte leuacion in time of messe. An be-for the ymage

of seint Johan we fynden iij. Candelie of wax. And non other
fundacion no gouernynge es in oure [<gilde].
110
XLV.
C^riificatiofinulacionia et rcf/iminis gilde sancte Trinitatis, de

WvGNALB, j)er WWdmum CaiUi/nfje, Alderviannum ejicsdem.*
honf of ihesu crist, and his mocHr scintc marie, and al the
In
holy feUchipc of heueii, an specialy of the Trinite, in qwoni
this fratcrnite is bcgonne, be al the conseil of xxxj. brethercn
iImU be bcU cvciy

and sisteren ; for to hold foure niornspcches in the ycre, in
worchipc of the Trinity?, and in anicndenient of ul holy chirche,

and helin-ng of ourc soules. The first mornspeche, of Trinite
Sunday : the seconde, after seint Johanes day in heruest : the
thred, on Sunday after seint andrewes day : the fourt, on mid-
PDjFBtati to be lentene Sunday. Also, that euerichc mann be redy at thys foure
* days, for to paie to the holy Trinites light oh. Thys is accorde be
ThegiidwM al the holyt bcrthere. In the yere of Kynge Richard xj. this
gilde was bcgonne : and therto, in'worchip of god and holy

cherche, William Cautyng, Aldermann of the forsaide gilde, and
alle the bretheren and sisteren, paien a certein somme of selucr
Goods of the gild, to leghtc of Trinite, qwyche amont to vj.s. ij.cZ. ob. Other fuuda-
cion no gouemynge is noughte in oure gilde.
* CCCX. 1 44. Condition, fair.
+ Thijj word "holy" ia so in the MS. ; but it ia clearly a mistake for

**hole"a=wW.
;
117
XLVI.
[Gild of St. Petek,] Wyggenale, en Contee de Norffolh.^
Tn honoure and worschippe of Jhesu crist, and of is dere moder

-*- sent mare, and al ye holy felescliipp of heuene, and specialy
of ye holy a-postille sent Peter, in qwose [worschippe] this fra-
ternite is be-gunne. For to hold toy morunspeches in ye êre : Two meetings
shall be held every
ye first, at ye fest of sent Peter ye a-postil ;
ye secunde, ye year,
sonunday next after ye twelft day. x\nd, at ye general day, ah shall go to

. ,
church with a
yat ilke a brother be redy wit othir, to go to ye kirke wit is garland of oak
leaves.
brethere wit a garlond of hoke Lewes.
Yis is hordenned be ye a-sent of al ye brethere and systurs of Service for the
dead, and
yis fraternite : yat euer-iche brothere and systure be redy to go to offerings.
ye kirke, wen any brothere or systure is ded of yis fraternete
and yat euer-iche brothere hoffer a oh. ; and yat iche a brother Bread to be given,
gyff a halpeny wortht of bred for is soule, and yat he haue forsouisofthe"'
vij. messes songen tor is soule.
And also, if he dey, yat is for to say if he be perichee be water Men dying by
or be lond, yen schal is gyld brethere gare seke him iij. myle be searched for
, . , and buried.
aboute, and brynge him to cristen mennes bereynge, if he be
nou^t in power of is owen catelle; and ye lyght be brought be-for
hym to ye derige, and to y kirke ;
yat is for to say, a torche
yat schal brcn at ye leuacion of ye messe euer-iche sonnunday.

Also wen yat ye brethere and sisture ben geyderd at yere generale Meat and drink to
day, qwat godes man come to oure fraternite, he schal haue yearirmeeting.
mete and drynke, qwyles it wil last. And also a taper for to
bren be-for sent Petur, of a pond of wax.
* CCCX. 163. Condition, fair.

]
118 OII.D OF 8T. TCTRR, WYdOKNAI.K, NOUKOI.K.
[Intiornctl on the ft>rrgin^ nturn in the folli\viii^:

Catclln lie RjKle Sjuicti IVtri in Wygenlialc, in ye ton endc :
ruwciM- WiMohnus Cautyng v.. vj.rf.
Willchnus Hurnld v. 8. vj.t/.

119
XL VII.
[Gild of] Est Wynch, de Comitatu Norfolcie*
n ye honowre of ihesu cryste, and of hese modyir seynte

I marye, and of al y^ companye of hewene, and specialleche of
sen Jon y^ baptyst, in qwose name yis gylde is hordeynyd. Yis Four meetings
gilde chal hawe foore morwe-spechiis : y fyrste morwe-speche year.
schal ben on sen Jon day ;

y secunde schal ben on y^ swnday
after y feste of sen micael ; y yrede schalben on sen Jon-is
day in cristemesse ; y ferde schalben on y sunday after
crowchemesse dai. Yis gylde schal hawe an haldyrman, and to officers of the giid,
. aud their fees.
screweynys, and a clerk ; and qwat man y* comyt in, he chal
payn a peny to y wax, and a peny to ye clerk. And hewery
yer schal y aldyrman callyn vp fore men of y breyern, for to officers shaii be
chosen by picked
chesen aldyrman, and to screweynys y* ben profitable for to men.
kepyn y gelde catel : and if ony of hem for-sake hys office, y* is officers chosen,
and not serving,
to seyne, y aldyrman schal payn halwe a pownd of wax to y shall pay a fine.
leyt of sen Jon, and eyther screweyny a qwarter of wax. And if
ony broyer or sister be ded of yis gelde, he chal hawe y candelle Services for the
dead, and
of y gylde to y derige, and ewery broyer or syster chal offeryn offerings.
a fer3yng, and yewen anoyr for y^ soule. And qwat broyer or

sister y* comyt nowt to y offeryng, he chal payn, at ye nexte
morwe-speche, a peny to y elmesse. And qwat broyer or sister Ma^^ses for souls
be det [o/*] yis gylde, he chal hawen xiij. messes of y pro-pir

catfe^ q/"] ye gylde. And if ony broyer or sister be sek on Allowance to
members in
general ^\ay, he chal\ hawen a lof, and a potel of ale, and mes of sickness.
* CCCX, 64. Condition, fair ; but a piece destroyed.

130 aiU) OF EA8T WYNCll, NOUKOLK.
TWgMM kfcbcn [ti^f. At%d] yis gyUlo wat oniiju^d und lc gwiijii m
"* }*[ y*'^ <i^ ^ y^yw<'] ^f kyg J^c- y* sccuudc
AKlymian. William of Hrly

rikt
SoroweySr JohanncB Sin . .
Thoimi8
.
121
XL VIII.
[Gild of St. Peter,] Oxeburghe, [Norfolk].*
n be honor of god, and of hese modir marie, and of seint ThegUdwas

I L
Peter, a êlde is be-gonne, in
,
\>e 5er of

]>e regne of
PIkyng
]>e
founded A. D. 1378.
Richard ])e secunde, secunde 5er. pis is ]>e ordenaunce of ]>e The
11
5ylae;
1.
]?' he
111111
alderman and
Jje
I'i
bretneryn and
be bedel,
r I
sisteryn oi ye
officers,
bretheren, and
sisteren, shaii
.
come to evensong
eilde, schullyn
o J comyn,
J r secunde belle of be
at be y
Euesong
o of semt and
f
on st. Peter's day,
' make offer-
Peter, and beryn a-forn hem a torche brennyngge, of vj. pond of i^gs.
wax; and ])at euery gilde brojjer and sister be at ]?e euesong and
messe of seint Peter, and at J)e secunde euesong, in ])e peyne of
a pond wax to ]>e lythe of seint Peter, 5if he be fyue myle be
halue ; and, at here gilde day, euery man to offeryn a ferthyn at
messe, and ano]?er to Elmesse. And al-so, at |)e ded day of a
brojier, euery couple to 5euyn iij. penys; and ]?* \e aldirman and
bedel shullyn gaderynt, be asent of alle be bre])eryn. And 5if neip to those in
trouble.
ony bro]?er or sister falle at myschef, he schal haue, be êre, iiij.^ i (^sic.
And îf ony brojjer or sister be-wreye here conseil, he shal payin, Fine for bewray-
to le lythe of seint Peter, a pond of wax. the giid.
Billa de catallis gilde sancti Petri in Oxeburghe, v. quarteria Goods of the gud,
, . , ... 7 ^"<1 price of
ordei : pretium quartern, xx.a. barley.
Willelmus Mark, Alderman; Johannes Skultoun, bedel. officers of the gUd.
* CCCX. 79. Condition, good. This return is one of a bundle of eight

sewn together ;
of which six are in Latin, and this and the one next fol-
lowing are in English. All the eight relate to gilds in Oxburgh, Norfolk.
To the lower edge of the first of the eight, there is sewn a piece of linen
paper, 2| inches by 4I inches, containing an account of the goods of the
gild. See before, p. 44 note.
m
xux.
[Gild op St. John Baptist,] Oxeburgii, en le Contec de
Norjjolk*
TlMflAcrK, Tn }c honor of god, anil of his modur marie, and of scint Johan
brdbcm, and
ikliHW.I*MUI ^ Raj>tist, a brothcrhed is be gunne. This is the ordinance of
Mitiwôrsi. the gildc :

that the Alderman and the bedel, an brethren an
oS^ Bistren of the gilde, xlij., comyn at the second belle of the furst
eucsonge of seint Johan the Baptist, and a candel beryng a-forn

hem brennynge, to the cherche of seint Johan ; and that cuery
gilde brother and sistur be at the furst euesonge, and at the
messe of seint Johan, and at the seeond euesonge, vp the pein
of a pounde of wax to the lyght of seint Johan, if he be thre
myle about. And the alderman sal offren a pany at the messe,
and iche brother and sistre a farthynge, in the worchip of Seint
Johan ; and iche brother and sistren schal giffen a farthynge in
the worchip of seint Johan. And also, at the ded day of a

brother or sistre, eche brother an sistre sal êuen a messe pcny,
{tic.) 2} offren a farthynge, and 3euen a farthynge to pore men pi" his
Ildpto in soule. And if any brother or sistre falle at meschief, he sal

troBbl*.
hauen gildc,t houercday a farthyng, and on Sunday a halpeny,
be 3eire, wille that he his at meschief. And if any brothren or
CCCX. 80. Condition, fair. See note to the return last foregoing.
+ The word "gilde" is here used in the sense of that word as found in
the oldest English (Anglo-Saxon) writings, namely, for a rateable payment,
as is explained in the Introduction. The word is not thus used in any other
of these English returns. It will be seen that this Oxeburgh gild was an
old one, having been founded a.d. 1307,

GILD OF ST. JOHN BAPTIST, OXEBURGH^.NORFOLK. 123
sistren be ded, a mile aboute, the brethren and sistren sul ben services for the
dead.
at placebo and dirige an at masse, of peine of a pounde of wax.
Thys gilde was be-gonne in the sere of the regne of the Kyng The giw was
begun A.D. 1307.
Edward the secounde, the first 3ere.
Billa de catallis gilde sancti Johannis Baptiste, in Oxeburghe, Goods of the gUd
barley.
XX. quarteria ordei : pretium quarterii, xx.c?.*
Robertas Balde3ein, Alderman; et Willelmus Baker, Bedel. officers of the gUd.
* In Stow's Annals (ed. 1615, p. 301) is the following passage : '

In the
beginning of this yeere [1387], at Leicester, an hundred quarters of Barley
were sold for an hundred shillings;* and the marginal note is, Barley sold '
for xij.d. the quarter.' Thus the price of barley in Leicestershire, in 1387,
was little more than half the price of it in Norfolk in 1388.
n.
ILLUSTEATIONS
OF
THE ORDINANCES AND USAGES

ov
EAELY ENGLISH GILDS.
FROM ORIGINAL RECORDS

IN THE
PUBLIC RECORD OFFICE;

AND
FROM OTHER ORIGINAL SOURCES.

Moot of IIm doeoBMnU conUunod in thU Part are taken frum the same
boadke of original " Returns," made in the twelfth yoar of Richard II.
(a. D. 1389), (rota which the whole of thone containotl in Part I. are
taka. But none of the Ilctunis iuhhI in thiit Part were made in English.
Hmj wvre made eitherin Latin, ur in the old Law-French. I have tnuu-
Iat0d the tubctaooe of them more or Ichh fully in each caHe, according ae
the original throws more or Icfut li(;ht upon the UHnf^cK and character of
Engliah (ilU, and o u|>ou the Ordinanccit contained in Piirt 1. A note ia
hero addel in each case, as in Part I., stating the bundle, number, and con>
diUon of the Return used.
A few iniitances are taken from other sources than those bundles of
Returns, though still from documents in the Public Record Office. I give
these in order to illustrate, aa well the character of the GiKIh themselves,
as the existence of other imi>ortant means, besides the Returns here chiefly
used, of obtaining a knowleilge of the old Gilds. Some, again, are taken
from sources other than the Public Record Office, the source of each being
acknowledged in its place. In both the cases where I have thus gone
outaide the Returns made in 1389, several of the originals are found in
English, but iome are iii Latin, and some in the old Law-French.
The important, and hitherto wholly unknown, illustrations (in English)
which I have been happy enough to recover from their long hiding-place
among the old records of the city of Exeter, and which are here printed,
stand out conspicuously among the rest, as well for their intrinsic interest,
as for the strong light which they throw on the connection between the old
Gilds and the Ck>rporate Bodies of Cities and Towns.
This Part II. begins with the Writs sent round, at the end of 1388, to
all the Sheriffs in England, to make proclamation for the sending up of
the Returns called for by the Parliament of Cambridge. Tlie illustrations
that follow are, with one exception, airanged in a rough geographical order,
beginning in the North. The one exception is the Gild of Berwick-upon-
Tweed which I put last of all because the Latin original was printed in
;
Germany in 1831, being, so far as I am aware, the only document used in

this j)rinted, either in England or elsewhere,
volume that had ever been
before the present work was begun. It will be seen that the Return made
by Tt.e Great Gild of the Hans-House of Beverley is no exception to the
originality of the documents now for the first time used. The Gild of
Berwick-upon-Tweed is here used, because it serves well to illustrate the
relations in which the old Gilds so often stood to the organic Commonalty,
or Body Corporate, of the place as is further done by Gilds that will be
j
found under the heads of Lancaster, Birmingham, Bristol, &c., as well as

by the very complete case of Exeter.
'
12 Pi
I.
WRITS TO THE SHERIFF OF EVERY SHIRE IN

ENGLAND, TO MAKE PROCLAMATION THAT
RETURNS SHALL BE SENT UP
BY ALL THE GILDS.
{a) The Writ for Returns from the Social Gilds.*
RICHARD, by the m-ace of God, Kinff

o of England
o and The sheriffs of
London [and of
France and Lord of Ireland, to the Sheriffs of London,'
every shire in
' England] sliall,
ereetinff. For certain good and reasonable causes brought and by authority of
o n G o the Parhament
**
made known before us and our council in our last Parliament,
cambddê^*
held at Cambridge, We, strictly enjoining, command you that
you do at once, on sight of these presents, in the city aforesaid
and the suburbs thereof, t where it shall seem to you best, let
and every make prociama-

proclamation
' X J and publicly,
be made, openly r that
J .; ?
all J tiQ^ calling on
the Masters and Wardens of all gilds and brotherhoods whatso- tê Masters and
*=
Wardens of all the
up ^^'<^ *^
J and the suburbs thereof,! shall send
ever within the said city y-r I ^"^'î^'
send up returns,
returns to us and our council, in our Chancery, fully, plainly,
before tiie 2nd
and openly, ' before the
in writing, feast of the Purification of
^ ' day of February,
^.d. i389,
the blessed Virgin Mary now next, wheresoever it may be, as
* CCCIX. I. Condition, bad. Latin.

+ In the Writs issued to the Sheriffs of Shires, the words used, instead
of " in the city aforesaid and the suburbs thereof," are as follows :
" in
your full shire-mote, and market towns, and
also in all cities, boroughs,
other places in your bailiwick, as well within liberties as without." See
the Return of the places where the proclamation was made in the county of
Worcester, after p. 131.
X In the writs for Shires, the words are, " within your said bailiwick."
To prevent mistake, I here give the date of the year according to
the modem system of beginning the year with i' January. Where dates
1S8 THB WRIT FOR RETIRES
to the niAiiiH r aiKi tjriii niul autliciiity f the finiinlation aiul

MM flUtW'
)fibilr !cpni"K >^l contiminnco aiul pveniancc of tlie jÎUIh and
brutlurluKxls afiircHaiil : Ami aH to the manner and fonn of the
iMtPlktOMlH oaths, pntheringH, fwuits, and general meeting's* of the brcthcrcu

and gistercn ; and of all other Huch things touching these gilds
MleaB and brotherhootls : Also as to the lilwrtics, privileges, statutes,
9M.
onlinanccs, usages, and customs of the same gilds and brother-
hoods : And moreover, as to all lands, tenements, rents, and
loalllMid*aad
posBessionR, wlu'ther held in mortmain or not, and as to all
goods and chattels whatsoever, to the aforesaid gilds and brother-

hoods in any wise belonging or in expectancy, and in whose
bands soever such lands, tenements, rents, possessions, goods, or
chattels may now be for the use of such gilds and brotherhoods :
madM lotiM And as to the true annual value of the said lands, tenements,
lOfllMWi
rents, and possessions, and the true worth of the said goods and
imI vnwy oUmt chattels: ^Vlso as to the whole manner and form of all and eveiy
partknkrUwcb-
kvUwgfkli: the premisses, and of all other matters and things in any way
npoa pslB of concerning or touching the said gilds and brotherhoods : Upon
pain of the foi"fciture and perpetual loss of all the lands, tenements,
rents, possessions, goods, and chattels aforesaid, to us and our
If Umj have any heirs. And that the said Masters and "Wardens shall bring and
chwtan or lettais
patent, tbty mort lay Ix'fore us and our said council, before the said feast of the
Mod eopics of
IteM Willi Purification, the charters and letters patent, if they have any,t
llMir raUima.
granted by us or any of our forefathers, in any way toucliing or
concerning the aforesaid gilds and brotherhoods, upon pain of the
are elsewhere given, from orijjinal documents, according to the old system
of carrying on the old year up to and ending on the 24*'> March, I have
added the 9 within brackets, thus " 1388 [9]."
*The diiitinction between the "gatherings" (congrcgationes) and "general
meetings" (assemblias) is seen at a glance in most of the ordinances. The
gild-brethren were bound to gather together, at unfixed times, on the
summons oi the dean, for special purposes; but, besides these gatherings
upon special summons, general meetings of the gilds were held on fixed
days in every year, for election of officers, holding their feasts, &c,
+ These words ("si quas habent" in original) are alone conclusive upon
what is, upon other grounds, shown in the Introduction namely, that ;
no license nor charter of the Crown was necessary to the beginning of any
of the social gilds. Any gild might, or it might not, have such charters.
] ;; ;
FROM THE SOCIAL GILDS. 129
revocation and perpetual annulling of the charters and letters

aforesaid, and of all the liberties, immunities, privileges, and
grants contained in the charters and letters aforesaid. And And they must
fulfil what else
that they shall be ready to do and undertake
' '
what shall be may be required
under the
further ordered and appointed in the premisses by us and our ^"thorityof
said council, by virtue of the authority given us by Parliament.

Make known to us and our said council, in our said Chancery, xiie sheriffs must
send up a state-
together -with this writ returned, the days and places of the mentofwhen,
wliere, and by
making of the ^proclamation, and the names of those who make ''^^ôm, the procia-
mation has been
it, under your seals, plainly and clearly, before the Octaves of ^^-
Saint Hillary now next. And herein fail not at your peril.
Witness myself at Westminster, on the

^
first day of November,
"^
Dated ist Novem-
,
'
ber.A.D. 1388.
in the twelfth year of our reign.
Wyche.
[On the original writ, returned by the Sheriffs as above said, is
the following indorsement :

We, Adam Karlille and Thomas Austyn, Sheriffs of London, when, where,
. ,. and by whom, pro-
make known to you that, by virtue of this writ, we did, on ciamationwas
Edward11
c m T^ 1 T7" 1 made hi London
Monday next before the feast of St. the King, in the and the suburbs.
twelfth year of the reign of King Eichard the Second, as soon
as this writ was seen, cause proclamation to be openly and

publicly made in the city of London and in the suburbs thereof,
where it seemed to us best, of all and every the things set forth
in the writ, and all the matters therein contained, according to

the form of the writ and as is therein commanded : namely, in *'
^'êt street in the
suburbs
Fleet Street in the suburbs of London :* also, at the Standard The standard in
Westcheap
in Westcheap, London also, at the Ledenhall upon Cornhill,
: The Ledenhaii,
London
London;
; also,
also,
at the Church of St. Mag-nus in Brideê Street,
at the Church of St. Martin m the Vintry,
... Cornhill
st. Magnus
Church, Bridge
street;
London ; also, in the town of South wark by William Averey, ; Church, vintry;
Clerk, and William Popiltone, Sergeaunt.
* The present ward of Farringdon Without, in which Fleet Street lies,

was not made into a separate Ward until five years after the issue of this
Writ. Having, before, been a mere ''suburb," it became, in 17 R. II., a
separate Ward, choosing, thenceforth, its own Alderman. See Rolls of
Parliament, 17 R. II. N^. 27.
9
130 TIIK WKIT roil KKTIUKS
(6) TiiK WuiT FOH Heturns fkom CJilds of Crapt8.*
liiohanl. by the cri. c of (;k1. Kinj;* of En^lrtnd nnd Frnnco

LiMMiun kbl of
aiul I>>nl f Irrlainl, to the Mayor and Slu'riflfH of London,
;^'n'ftinj;. For certain good and rcjujonalilo catiscH l)rouj;lit and

i*l at nuulo knoiK'n In'fore ns and our council in our hust Parliament,
held at Cambridge, We, fitrictly enjoining, command you that
you do at once, on sight of tliese presents, in the city aforesaid
and the suburbs thereof, where it shall seem to you best, let
prorlUBA- I proclamation be made, openly and publicly, that all Masters

Ikm. ningoo
OmMatttn, and Wanlens and Overlookers of all the Mysteries and Crafts
MfmrAmm, and
Owm ktukm * of aU in the city aforesaid and the suburbs thereof, who hold any
OMiarCrfU
koUtngmay charters or letters patent, granted by us or any of our fore-
tkmnen or letten
to Mad up. baftire
fathers, touching or concerning in any wise such mysteries and
IIWtiMl<ôr
PMmauy. a.o.
craftSjt shall bring and lay those charters and letters before us
I5MI. ODpiM of
Mk diartcn and and our council, in our Chancery, before the feast of the Purifi-
IsUar^
cation of the blessed Virgin Mary now next, wheresoever it may
poa pcoaJtjr of le, upon pain of the forfeiture and loss and perpetual annulling
CofMiura.
of the charters and letters aforesaid, and of all liberties, immu-
nities, jirivilegcs, and grants in the said charters and letters
-A ' '' '< rriiMt e>ntained. And that they shall be ready to do and undertake
what shall be further ordered and appointed in the premisses

u...;< r ;iie autho
ntv i.f I'arliaiin-nt.
by us and our said council, by virtue of the authority given us
Th< by Parliament. Make known to us and our said council, in our
said Chancery, together witli this writ returned, the days and
jilaces of the making of the proclamation, sind the names of
those who make it, under your seals, plainly and clearly, before
the Octaves of Saint Hillary now next. And herein fail not at
|i .
your j)eril. Witness myself at Westminster, on the first day of
November, in the twelfth year of our reign.
Wyche.
CCCIX. 2. Condition, bad. Latin.
+ These words show that, in the case of the gilds of crafts, as has been
seen to be so in that of the social gilds, no license nor charter of the Crown
was necessary to their foundation. See the note + on p. 128.
] ; ;; ;; ; ; ;
FROM GILDS OF CRAFTS. 131
[The original of tliis writ bears an indorsement as to the

making of the proclamations, in the same words as have already-
been given from the indorsement on the other writ. The man-
ner of proclamation in the shires was very different from that in
cities, as will be understood from the words used in the writs to
the Sheriffs of shires.* How such proclamations were made,
will be fully illustrated by the following example :

Indorsement as to Proclamations made of the two Writs
BY THE Sheriff of Worcestershire, t
William Barewelle, Sheriff.
I have had all and every thing contained in this writ pro- When, where, and
_
by whom, procla-
claimed, according same mation was made
to the tenor of the writ, as is therein
by the Sheriff of
^
commanded : namely, at Worcester [city], on the Saturday next Worcestershire.

City of AVôrccstGr *
after the feast of the Conception of the Blessed Mary last past,
by John Stalward ; and at Evesham, on the Monday next fol- Evesham
lowing, by William Ombresley ; and at Pershore, on the Tuesday Pershore
then next following, by William Shrouesbury ; and at Shipston, Shipston
on the Wednesday next before the feast of St. Thomas Apostle,

by Richard Battenhall ; and at Kidderminster, on the Thursday Kiddrrminster
next before the feast of St. Thomas Apostle, by William Shope

and at [Droit] Wich, J on the Friday next before the feast of Droitwich
St. Thomas Apostle, by William Shope ; and at Dudley, on the Dudley
Saturday next before the feast of St. Thomas Apostle, by the

said William Shope ; and at Tenbury, on the Tuesday next after Tenbury
the feast of St. Thomas Apostle, by Nicholas Warrewyke ; and

at Worcester, in the full Shire-mote held there on the Wednesday The fuii shire-
mote of Worces-
next before Christmas day, by the said William Shrouesbury ; tershire
and at Upton-on-Severn, on the Thursday which was the eve of Upton-on.Severu.
Christmas day last past, by John Wyggemore.
* See notes before, p. 127. i" CCCIX. loi. Condition, bad. Latin.
X It is strange that a man so careful as Prynne should interpret this

"Wyche " as meaning Nantwich. (See the index to the fourth volume of
his "Parliamentary Writs.") Thei'e can be no doubt whatever that it
meaos Droitioich. Nantwich is in Cheshire.

ISS WHAT WRITR RrilAlN.
NoTK. Tlir WrltH of whirh tlir fr*;;..iii^ .uf Ir.uHlations, remain

rrronW in l\Vi nrifiinal fhajx'H. Woih of tlicin arc entered on the
il%.te added to cnch, that the Writ so cn-
Rolln,* with the Htatemcnt
ienHl wmi tent to every Sheriff ihrouf^hout KnÎnnd. And one, and in
omccasc* both, of the original Writs thuH nent out, nre still extant for
a fewr placcit, hestides I^)ndun antl Woreeslershire. Thosf pluec are,
Bristol (social), (înhridj?fhire (crafts), Cornwall (both), Derby
{social), Lincolnshire (social), N<>rtlianij)tonsliire (both), Iltitlnnd
(both), Souihamptonshire (both), Surrey and Sussex [as one shire f]
(both), Wiltshire (both)^ Worcesterhhire (both), and Yorkshire (both).

Most of them are in bad condition. The fewness of the W^rils that thus
rem<iin to us, tells the same tale of loss as docs the fewness of the
Returns that remain to us out of all that were in fact sent up from the
(lilds. 'llie number of those Returns that now remain, may be safely
taken to stand in about the same projiortion to the number of Returns
that were originally sent up, as the number of the Writs that now
remain stands to the number of Writs which we absolutely know
were originally sent out to every Sheriff in England.
It is well worth attention, that not only do the terms of both these
Writs distinctly affirm, twice over, that they are issued only by authority
of Parliament, but there is incidental proof that this fact was thoroughly
understood by those to whom they were sent. The Sheriff's Re-
ttirns to the Wiltshire Writs, setting forth the places and times of the
proclamations, were made on 6ej)arate ])iece8 of jjarchment [?], though
tacked to the original Writs. One of these Returns is thus indorsed :
" 12 R. 2, apud Westmonasterium: November: de Proclamacione

1
facienda, auctoritate Parlinmenti, de Gildis et ffraternitatibus, eorum

terris et Tenemenlis, &c."
Most of the Sheriffs' Returns as to the proclamations made, are in-
dorsetl uj)on the back of the original Writ; but some are, as in the
case of Wiltshire, written on a separate slip of parchment [.'], which is
tacked to the original Writ.

In going carefully through these original Writs, I found a remarkable
fact, before unknown ; namely, that several of them, and also some of
the separate Sheriff-)' Returns, are written upon linen paper. Paj)er
was, it is known, made and used before this time but it was not
well ;
known, before I obser^'ed these facts, that it was ever used in England
for writs issued out of the ("hancery; nor has the kind of pajjcr which
I thus found, been ever before described (except by myself), or been
Close Rolls, 12 R. II. m. 32, in dorm.

+ Surrey and Sussex were generally treated, till quite a modem time, as
one shire. See the description of John Evelyn's father as sheriff, at the
beginning of Evelyn's Diary.
J
PARCHMENT-PAPER. 133
even known to have existed. It is of the colour and stoutness, and has
the general appearance and touch, of parchment; but the wire marks of
the linen fabric that forms its basis are plainly to be seen on a careful
examination.* It is, however, so like parchment that an ordinary
handling of it would not lead to the suspicion that it is not parchment,
like the rest among which it is found. No other instance of the use of
this paper for official, or indeed for any, purposes, is at present known.
None of it is found used in any of the Returns that were sent up,
in compliance with these Writs, by the Gilds themselves; and I
have been assured, by those habitually familiar with our old records,
that they have never met with examples of this remarkable paper.f It
seems probable that some ingenious person hit upon this substitute for
parchment, to meet some emergency, and made a small quantity, but
that the process was too costly to be continued after the emergency had
been met. There is not, however, in the history of paj)er-making,
a more curious, nor, at present, a more unknown chapter, than the
paper which my searches among the records of the English Gilds have
thus brought to light.
A curious incidental proof of the neglect with which the bundles of
records so largely used in this volume have been treated through five
centuries, proving indeed that they can never have been read through
at all by any one, since the Returns were made, until I undertook the
task, is found in the fact that, among the Writs above named, there is
one touching, at first sight, a very different subject, and which certainly
ought to be in a very different place. It is a Writ for the recovery, from
* These wire marks are wholly different from the lines often found
on parchment, which are made in the course of the tooling it undergoes
to fit it for being written on.
+ This does not, however, prove that

it does not exist as it is only in a ;
good and oblique and on very careful handling, that the wire marks
light,
can be well seen. Search should be made in and between September and
November 1388, for I think the original of the Writ given below, as to the
Wardon share of expenses of the knights of the shire, is also made of the
same paper. It is certain that attempts were made, not far from this time,
to manufacture artificial parchment. See Mr. Way's note to the word
"Sabrace," in Promptorium parvuloriim (Camden Society), p. 440.
X See before, p. 44, note. I have tried some experiments as to how

such a paper as this might be made and 1 have succeeded in producing
;
several specimens closely resembling it, and much more like parchment,
and much easier to write on, than what isnow made and sold as artificial
parchment. unknown paper thus found by me
Tlie facts as to the before
at the Public Record Ofiice, were made generally known at the beginning
of 1865, upon the suggestion of one who was better entitled than any other
man in England to express an opinion on such a subject.
ISi WniT FOR PAYMKNT OF
one Townljip in one Huntlrrd in Nortlinm|>U)nHhirc, of itn rateable
hare tounnlN the rxpcnseit of the kn'^hts of the shire in Parliament.

The matter in not, however, without n Hignificnnt relation to the suliject
of Knlnh (iiliU; the fiintlauuMitnl idea of l*arliamrnlary reprcbenta-
Uon Ix-mg. that eviry Conslilucncy, like every (iild, has an ahsocialcd
inlerrst, coupled with an associated obligation. Ab the subject is, in
itself, little understood, while it is of high constitutional importance,

and as this Writ esra|>o<l even the researrhcH of the lynx-eyed I'rynne
hiniRclf, who would have thonuighly rejoiced lo have printed it had
he found due to the Parliamentary History of England that I
it, it is
should give here what I have thus found so strangely intcr|)()lalcd

among the fragmentary remains of the Returns sent up by the old
Gilds.*
Writ for levvixo upon one To\>'NSinp in a Shire its

SHARE OF THE KXPENSES OF MeMRERS OF PARLIAMENT.t
TiMiMiaivHt Richard, by the grace of God, King of Enfjland and France and
imtf, />.p ivs Lord of Ireland, to the Sheriff of Northampton, greeting. Whereas,
From the e&rlieet beginnings of Parliamentary History in England,

the expenBes of members were defraye<l by the organic commonalticH tliat
sent them. Wli.it in called the " Reform Act" of 1832, gives ub the first
time that the Statute Book waw diHfigiired by a thing ho repugnant Ijotli to
Common Law and Statute Law as that a seat in Parliament should bo a

matter of sale and purchase, and therefcre of personal ownersliip. See
section 71 of that Act, and, further iu the same direction, the Act 26 and
17 Vic. c. 29, sections 2-7. Compare with these the very different sjtirit
of the Acts 34 and 35 H. VIIL c. 24, and 35 H. VIII. c. 11 which were ;
made, as both of them declare on their front, simply in accordance with

the old and universal practice. It would be interesting to know who now
enjoys the estate which was settled, by the former of these two Acts, with
the careful intention of providing for the Parliamentary payments due to
the knights of tlie shire for Cambridge.
One of the most valuable and interesting of the many works written
by that man of undaunted courage, imswerving integrity, and untiring
industry, \Villiam Prynne, was the fourth vohmie of his Parliamentary
Writs. In it he dwells on the great importance of keeping alive the
practice of paying the expenses of members of Parliament ; and he tliere
answers, in long anticipation, all, and more than all, that has been said, in
later times, against such a practice.
Though Prynne did not know of the Writ given above, he was well
aware of the principle of law which it so admirably illustrates ; namely,
that "every village was, of right, particularly taxed towards knights
expenses." (See Pari. Writs, vol. iv. p. 381.)
t CCCIX. 102. Condition, fair. Latin.
; ;
MEMBERS OF PARLIAMENT. 135
on the fourth day of June last past, we commanded you by our writ
that you should cause to be paid, by the commonalty of the shire
aforesaid, as well within liberty as without, those cities and borouLrhs
only being excepted* whence citizens and burgesses came to our Parlia- for payment of
the expenses of
ment which we caused summoned at Westminster on the morrow
to be the Knights of the
of the Purification Mary last past to Sir Egidius

of the blessed Shire tor the
Parhanient tliat
Mallorre, and John Wydevylle, Knights of the Shire, who came to the Av;i6 summoned to
meet on 3rd Feb-
said Parliament for the commonalty of the said shire, forty-two pounds ruary, A.D. 1388
the sum being
and sixteen shillings, for their expenses in coming to the said Parlia- 42.^. 16.*.
ment, in staying there, and in going back thence to their homes;

as is recorded in the rolls of our Chancery And now, on behalf :
of certain men Wardon, much complaining, it

of the Hundred of But the township
of Wardon, in tlie
has been shown to us that the township of Wardon, which is Iluiidred of
within the Hundred aforesaid, and which ought to pay towards Wardon,
though it ought to
these expenses of the Knights like as the other townships in the same pay its share, and
always done
lias
Hundred do, and which has, from time beyond the memory of man, so before,
been accustomed to pay its right share of the expenses of the said has now refused
to pay ; whereby
Knights, has altogether refused to pay, to the manifest burthening of other places get
burthened, and
the other townships of the said Hundred, and the hindering of the
the accounts
settlement of the expenses aforesaid : And so they have besought us to remain unsettled.
find them redress. Now we, being unwilling that the other townships It being wrong
that other places
of that Hundred should be burthened more than is accustomed, com- should be over-
mand you to enforce upon the said township of Wardon the payment burthened,
the Sheriff must
of its share of these expenses of the Knights aforesaid, like as the make the townsh'p
of Wardon pay iU
other townships of the same Hundred have done, and as it has been right share.
accustomed from of old time to do, according to the quantity of the
lands and tenements there, and their means. And if the township If it will not, then
the four chosen
shall still refuse to do this, then cause Robert Brewode, Stephen men of the place
must be sent up
Hikkes, John Bole, and John Bocher, good men of the said township
to London, to
of VVardon,t to come before us in our Chancery, on the fifteenth day show the reason
why
* Because they separately paid their own members.

+ There can be no doubt that the four "good men" thus named, were
the "four" chosen, by the men of the place, to represent the township at
the Hundred-mote, and for other purposes touching the common welfare
of the place, during the year 1388. I have elsewhere shown that this
was the old (and thoroughly efFective) practice throughout England. See
*'The Parish" (second edition), pp. 16-19 (particularly p. 19), 121, 230. I
add here another illustration, which will be found in Manwood's "Forest
Laws" (ed. 161 5), p. 252: "It is to be noted that all the freeholders
within the forest, as wel Spirituall as Temporal, must in any wise appeare
before the Ju.stice seat, primo die Itineris. And [also] of euerie towne, the
Eeue and foure men also with him, which is called prepositus et quatuor
homines, &c." It will thus be seen that neither the Reeve nor the four
136 PAYMKNT OK MKII1IKK.H OF I'AllI.I AMKNT.
aAcr Micharlrou ciny luxt, win rt><>r\cr it may \w, to nIiow raiiKc why
the Mul (nwDshipof Wnnhm clumltl jiot |ay ilK nhari' of tlirsc cximmikcb
4 ID Im
ilijr ofihf KniffhtK nn the other tnu'n(hipN of ihe Raid llundriMl have done,
to olw to^.
Ite
ami (rfiwcuufi "'i^ ftirthrr to do and titidcrtako wiiat ntir (^nirt shall adjudge in this
^* behalf. And heroin fail not al your jn-ril. And havi* wiih you there
IW< inhWfw this writ. Witnchs niysolf at Canihridj^c, the 17lh day of Scpicmhcr,
in the twelfth year of our reij^n.*
UUUTONE.
dMMD men wre neooMarily "frcuhuldcrs." Domesday hook, the Inquiai-

!" ;i<-H Xonarum, and every other original authority, prove that tlio
. .il.xni," or occupiers of any sort, took tlicir active part in the local uffiiirH.
There Has been bo much misrepresentation put forth on this subject ly

superficial writeri*, tliat the truth cannot he too often hrouj^dit to notice.
See further hereon Xotc to the Coflomanj of TtHtnhnll
in the Reijii*, at
the end of Part III. of this volume.
This Writ was thus issued for recovery of the expenses of the Parlia-
ment held in the early part of the same year (1388) in which the Parliament
of Camliridge w.\h itself held, though, owing to the date of his accession,
the former fell in the eleventh, and the latter in the twelfth, year of
Richard The year 13R8 thus }npj>enod to he one of the many years
II.
when the "oftener if need be" wa.s put in practice, according to the old
Uw of Edward III., that a Parliament shall be held ** every year once, and
oflener if need l>e." Two Parliaments were held within that year, with, a^
was always then the case, a fresli election to each. Sir Egidius Mallorre
and John Wydevylle are named in Prynne's Pari. Writs, vol. iii. p. 122,
as meml>erH of the first Parliament of 1388, but neither of them was sent
to the second Parliament of that year. John Harowedon and John Mulsho
were returned, in their stead, as members of the latter. Prynne found, and
has printed, the records of the Writs issued for payment of the expenses
of both these pairs of members (see Pari. Writs, vol. iv. pp. 397, 403),
though he did not find the Writ which I have translated above.
137
II.
YORK.
(a) Gild of the Lord's Prayer.*
A S to the beginning of the said gild, be it known that, once ^ piay of the
-'^ on a time, a play, setting forth the goodness of the Lord's oncepiayTdln^^^
^^
Prayer, was played in the city of York ; in which play all
'
manner of vices and sins were held up to scorn, and the virtues
were held up to praise. This play met with so much favour ^hich much
that many said: "Would that this play could be kept up in
^^^^ ^
e people;
this city, for the health of souls and for the comfort of the
citizens and neighbours." Hence, the keeping up of that play in and so this giid
times to come, for the health and amendment of the souls as keep up"the pLiy.
well of the upholders as of the hearers t of it, became the whole

and sole cause of the beginning and fellowship of the bretheren of
this brotherhood. And so the main charge of the gild is, to keep Therefore its
up this play, to the glory of God, the maker of the said prayer, Sp up^t^fepiay.
and for the holding up of sins and vices to scorn. And because jjow only men
^'"*^
those who remain in their sins are unable to call God their Sr Father!
father, therefore the bretheren of the gild are, first of all, bound
to shun company and businesses that are unworthy, and to keep shimbadcom
an
themselves to good and worthy businesses. And they are bound tvoii!l^^^
'^ *'''"'*
to pray for the bretheren and sisteren of the gild, both alive
and dead, that the living shall be able so to keep the gild that
* CCCVIII. 109. Condition, fair. Latin.

+ "Audientium" in the original. This was therefore a spoken play,
and not, as with the gild next following, a dumb show of set pieces in
an array of pageants. In each case, however, it is equally clear that the
performance, or show, was made whilst passing along the streets.
138 OILD OK TItK l/)lll>'8 PKAYKR, YORK.
Umj tntiy dfnorvc to win UihVa fatlicrlKKKl, nnd tliat tlic dead
mjiv have their tomirnt li^htnml. Also, they are hmiul to
taMMTrim* ctnne to the hurial Bervioes of the ilead hretlieren and HiHteren of
tiie gihi. And if ony one does not leave enouj^h to meet the
cot of 8uch 8ervice, the rest of tlie ]>retheren slmll l)enr tliat
cost. And if any hrother dieH and is })uried away from the city,
the bretheren sliall hold serviees ft>r liiin witliin tlie city of York.
llwfMwaMi Also it is forbidden that any brother of the iiWd nliall, in the
t^ MWiMyiirto belief that he will have help from his bretheren, be forward in
Uv orqaaml.
petting into lawsnit or quarrel, or in ujilioldinc^ any wroiij^^rul
cause whatever, upon pain of losing all 1k']|) and friendship, or

tth- any relief, from the I'ild. And because vain is the gathering of
the faithful without some work of kindliness is done, therefore
the bretheren have made this ordinance: That if haply it befall
hitsMof that any of the bretheren be robbed, or his goods or chattels

rubbery, fir*. (aIm
or perchance be burned, or he be imprisoned for any wrongful
cause, or be brought to want through any visitation of God, the
other bretheren shall, for kindness' sake, help him according to
his need, under the guidance of the wardens of the gild, so that
he may not haj>ly perish through lack of help. Also, they are
Liichu ituiii be bound to find one candle -bearer, with seven lights, in token of
the seven supplications in the Lord's Prayer; which candle-

Ix'arcr shall hang in the cathedral church of York, and be lighted
on Sundays and feast days, to the glory and honour of God
Almighty, the maker of that prayer, of St. Peter tlie gloiious
confessor, of St. William, and of all saints. Also they are bound
A tiMo Ojiii K> to make, and as often as need be to renew, a table showing the
kept. 1 "ît ;; tlic
M.*r.f iiit L-.rds whole meaning and use of the Lord's Prayer, and to keep this
rr.i_\fr.
hanging against a pillar in the said cathedral church near to the

A^'henever the aforesaid candlc-bcarcr. Also they are bound, as often as the said
plav is plAved, the
KiM thAji rifie rith play of
*
tlic Lord's Prayer
J is played
I J J of York, to ride
in the city >
it throuich the "^
i^ret. dad In with the playcrs thereof through the chief streets of the city of
York ; and, the more becomingly to mark themselves while thus
riding, they must all be clad in one suit. And, to ensure good
and same (rftbem order during the said play, some of the bretheren are bound to
all keep order to i '
*** ride or to walk with the players until the play is wholly ended.
GILD OF THE LORD^S PRAYER, YORK. 139
And once in the year a feast shall be held, and fresh wardens Afeastshaiibe
aiul fresh
liiid,
shall be chosen by the ffild,

*^
and a true account shall be ^
cfiven to oiRcers ciiosen,
*
and an account
rendered.
tlie newly chosen wardens of all that has been done on behalf of
the gild during the last year. Also it is ordained, that no one
shall be let come into this gild, until after he shall have been New-comers siiaii
be pledged to a
questioned by the wardens of the gild as to whether he has bent ''s''t "ê.
his will to live rightly, and so to deal towards the gild and its
aifairs that he may be at one with the wardens. And because

tlie founders of the said gild well knew that they themselves The founders were
too wise to pretend
might not be wise enough to make, at once, all needful ordinances, to foresee every-
thing :
therefore, at the end of the ordinances then made, they added

this clause :
" Whensoever, and as often soever, as it may
*'
per-
^
^^ têy ordained
that new or-
chance happen that we or our successors, wardens and bretheren dinances would
finances would
be no treason.
of this gild, may become wiser than we now are, none of us nor
our successors shall be deemed a rebel, or as standing out against
our wishes or against those of any of our successors, if haply we
put forth, or there shall be put forth at any time hereafter, any
new ordinance that will be for the greater glory of God or the
welfare of this gild." Under which saving clause other wardens This wise care has
been acted ou.
of the gild have since added, that a chaplain shall, once a year, Divine service
celebrate divine service before the gild, for the good of the bre- specially,
theren and sisteren of the gild, alive and dead, and for that of all
the good-doers to the gild. Moreover, the bretheren are wont

to meet together at the end of every six weeks, and to put up and also once
every six weeks.
special prayers for the welfare of our lord the King and for the
good governance of the kingdom of England, and for all the

bretheren and sisteren of this gild, present and absent, alive and
dead, and for all the good-doers to the gild or to the gild-
bretheren ; and also, once in the year, to have a general service
for the dead bretheren and sisteren. There do not belong to the The giid has no
lands all it has
;
gild any rents of land, nor any tenements, nor any goods save are the piay-pro-
pertiea,
only the properties needed in the playing of the before-named
play ; which properties are of little or no worth for any other
purpose than the said play. And the gild has one wooden chest, and a chest to
keep them in.
ill which the said properties are kept.
[It is added that,] as the seals of the wardens of the gild Avill be
] ,
OILD OK THK I/>RI'S PRAYKR, YORK.
unknown to ninny, tlu-y Imvo luskitl tlmt the goal of the Virur-
Ocneml f the Arch!ishop of York sliall Ik* put to this return

which luis acconlin;;ly Ikh'U done, in witness to the truth of the
n-tum. on the 21st January, 1388 [9].
[The pe<)jle York seem to have l>een fond of plays and

of
{w^nntA. Though nothing more is found touching any of these
in the Returns made l)y tlu* gilds in 1389, there is, in the British
lluaeum (Lnnsdownc M8S. 403), a volume containing the or-

diDADces of a very famous gild of that city, which long kept up
an extraonlinary annual show of pageants.* It seems to have
l)een founded hy the priests of Y''ork ; and these ordinances, instead
of being written in the unadorned simplicity of those contained
in Part I. of this work, and of most of the others that were sent
up with them, show themselves to have been drawn up by some
learneil ecclesiastic, more anxious for the display of his rhetorical
powers than to bring himself to the level of men of common

sense. They begin with a tedious scholastic disquisition upon the
creation of man, the fall, what thence followed, the mysterj' of
Christ as appearing in the flesh and in the cucharist, subtle illus-
trations of the unity of Christ's body and of the bretheren, and

the seven rules of charity upon which it is declared that the Gild
is founded. Then follow the ordinances themselves; the marked
meagreness of which shows that, though the priest who wrote
them might be equal to all manner of scholastic subtleties, he
was not able to bring himself to the level of the ordinary com-
mon sense and good feeling of the laity in framing a Ixuly
of gild -ordinances. The following is the substance of these
ordinances :

* This ^LS. fills a parchment volume, eleven and a quarter inches long,
by Beven and a quarter wide, containing 154 leaves. Besides what follows>
it contains ten lists of jewels, &c., belonging to the gild, and one list giving
a " Memo'' J> thes er b* personelles ofiF lowelles )>' standethe vpon ^c
Schryne off corporis Christi." There are also a few other unimportant
documents. The ordinances are in Latin. It is clear that several copies of
these ordinances, &c., were formerly in existence for Drake names one ;
in his History of York (p. 24^), which is certainly not the one that is
now in the British Museum.
;
GILD OF CORPUS CHUISTI, YOllK. 141
(b) Gild of Corpus Christi.
The brotherhood was begun a.d. 1408. Thegiidwas

. 1 /. o rn /~ii ' ^^ ^^S^^ A.D. 1408.
The first ordinance is, that on the feast of Corpus Christi, all
the priests in their surplices, and the masters carrying white Every year, there
wands, shall go in stately procession, to the glory of God and of cession.
the city of York.

The second ordinance is, that six priests, bretheren of the Six priests shall
be yearly chosen
fraternity, shall be yearly chosen [as Masters]. Whoever refuses, ^^r masters.
shall pay xl.d. to the brotherhood. The six priests thus chosen
shall have the governance of the whole gild and of all that is
needful for it.
The third ordinance is, that those wishing to enter the New-comers shaii
. , , ,
"ot *''i'^^ ^".v oath
brotherhood shall be received by the six masters. They shall but they siiaii
have their con-
not be bound by any kind of oath, but shall of their own will sciences charged
to make payments
come into the brotherhood, without any bond other than the to the gild.
bond of charity ; charging, however, their consciences that,
according to their means and power, they shall so do that their

coming into the gild may enable the charges of the gild, and its
worthy works, to be the better borne and kept up.

The fourth ordinance enjoins
<>
upon
r the priests
r the sayingf of JO Services for the
livingand the
daily prayers, and the performance of services after the death of ^^^'^
any brother.
The fifth ordinance requires that the lay bretheren of the gild Laymen shaii
pay ; and may
shall make offerings
'^
for the souls of the dead. But it adds that, ip^^y '
'^"* ^''^y
sliall have no
o laymen
although J
may
J
come to the prayers,
J J.
and be received into share in the
management of
the gild, they shall not be let take any share in the councils or *^ ^"^
in the governance of the gild. No lay folks shall be admitted to
the gild, save only those belonging to some honest craft; but all,
as well clerks as lay folks, and of both sexes, will be received, if
of good fame and conversation.

The sixth ordinance fixes the regular payments to be made Payments to be
by the bretheren and sisteren ; and requires that all shall,
under penalty of a fine, come when summoned. It also enjoins

112 OILD OF COIlPrs CHUISTI, YOKK.
the holding of certain fkTviocH, uiul that payinentH bliull l)o ituule
by the gild to thoo who ofTiriato tluTrat.
IMIU The seventh rtlinaiu'e trials of lii^'hts that arr to In* \nnuv at
timcfi nanic<l. uiid of the annual payments that arc to he nuidc for
these. It goes on to forbid the eoming of chihlren or servants
to the meetings of the giUl. The six masters of tlu- past year an;
toUl to give what help they can to the newly chosen mustcrH of
each new year, with a special charge that they shall let them
know the dwellings of the brctheren and sistcren from whom they
are to get payments. Twopence a day, or his food, shall be given
to the collector; for (it is wisely said) "the laborer is worthy

of his hire or his food." And it is ordained that the six masters
for the time being shall annually, in the presence of their six
ttm.
fore-runners, and of six or eight other priests, and not more,
who have before been masters, give an account of the goods of
the gild to those who are chosen to follow them.

Note. Though the chararter of these ordinances could not have
drawn many to join the gild, the way in which a i)rocesssion of
pageants was got up by the many crafts of York, to join with the
procession of the priests, gave to the gild an importance which it
could not othenvise have reached. The MS. in the British Museum
shows that an extraordinary number, of both sexes, did join it. No
less than 270 pages of the volume are filled with the names of the
folio
bretheren and bisteren. are, on an average, fifty-five names on

There
each page, thus making a total recorded number of bretheren and
sisteren of not less than 14,850. That this gild should have become
80 popular, can only be explained by two things : first, the love of
show and pa;,'eant which it gratified ; second, a departure from the
very narrow spirit of the original ordinances. That the latter under-
went changes, is proved by a MS. in the Bodleian Library, which
informs us that, when it was written (which was probably in the last
years of Henry VIII. or first of Edward VI.), the gild had "a master
and six priests, called the keepers of the said gild. Which master
and keepers be yerely removeable with the octabes of the feast of
Ck)rpus Christi and have for themselves no allowance nor fees. [This
;
is not true.] Nevertheless, they are bound to keep a solempne pro-

cession, the sacrament being in a shryne born in the same through
the city of York, yerely, the Fryday after Corpus Christi day ; and,
the day after, to have a solempne mass and dirige, to pray for the
]
GILD OF CORPUS CHRISTI, YORK. 143
prosperity of brothers and sisters lyving and the souls departed ; and
to keep yerely ten poor folks, having, every of them, towards their
lyvinge, by yere, iij.Z. vi.5. viii.c?. And further they do find eight beds
for poor people being strangers, and one poor woman to keep the said
beds, by the yere, xiij.5. iv.c?."*
A memorandum left by an old town-clerk of Yorkf shows that the
procession which fills so humble a place in the " ordinances," was
taken up with so much spirit by the lay craftsmen of York that, in
1415, no less than ninety-six separate crafts joined in it, and no less
than fifty-four distinct pageants were prepared and presented in the
procession by these crafts, while ten crafts made the show the more
glorious by bearing a vast number of blazing torches. Of the fifty-
four pageants thus carried through the streets of York, eleven had
their subjects taken from the Old Testament ; all the rest were taken
from the New Testament.
[That this gild was held in high esteem, is proved by the

following very curious deed, of which a copy is found in the
before-named MS. in the British Museum. While this deed
assures us of the alteration made in the governing body, as found
from the MS. in the Bodleian Library, it does not entrust to the
priests themselves, although bretheren of the gild, the perform-
ance of the services named, but the whole gild is made the
Trustee for assuring the performance of those services for ever;
an assurance which the lapse of a few years showed to have been
but another illustration of the vanity of the closest tied settle-
ments that human ingenuity can contrive :

(c) Agreement between the Prior of Thornholm
AND the Gild of Corpus Christi.
This Indentur tripartite, J made the twenty dey of Aprile, 20 April, a.d.
the yere of our lorde godd a thowsaunde fyve hundreth and

fourteyn, betwix Sir Robert Lelegraue, Maister of the Fraternyte
* Quoted in Drake's " History of York," p, 246.
+ Also quoted by Drake, Appendix, pp. xxx-xxxij.

X This word is here used in a sense quite different from that in which it
is now used. Instead of meaning that there were three persons, or bodies,
as parties to the indenture, it means that three copies of the indenture
itself were made on one skin of pax'chment, and then separated by the
indenting- knife.
114 oiLD OP cx)Rprs ciinisTi, v)iik.
ml Oililc of C<r|UH Chriti. within tin* C'ity of york fi)Uinlrtt.
ftotl the lirrthrni of t\w Hamo, vn|on tho oon party, ninl Tloina.s
ToJifohlc. prior of thr house or priory of our huly of Thorm-holin
in tho County of Lyncoln, vpiMn the otlicr party; WitncsKytli,
thnt it is Acanlcil, Acc(tvcnantel, and fully A^n-id, hetwix

the said parties, for n yerely o]>ite to Ik- nimle within the Chap-
pclle [of *^}nit Thomas of Canturhury]* without Mikkillithharr,
in the Suhurbea of the (Mty of yorke, for eucnnore, in manor and

forme fohnvyng. And ftr tin* porpetuallc contynuancc yerof,
1lMPHorrT the 8ovd Thomas hath paid, the day of makyng hereof, vnto the
Boid Maister and hn'thern, a certen soninio of money towardes

Ib pwpstB^jr.
the 8Upportaci<n and help of the soid CJildc. Firste, the scid
'^''^"^"^ Tanfelde covenantes and grauntes, by thica presentes, for

Brte*Jin fall!'i!!r
ciarvortbM
^ causc a yerely obite to be soigne within the Chapi)elle of
Seynt Tliomas aforeseid, ])y the Maister and kepers of the
Fratemjie and Gilde aforeseid, and by the prcist of the seid
Chappelle for t}ine beyng, for the saules of lohn Tanfelde and
Agnes hys wyfe. Fader and moder vnto the scid Thomas, hys
kynfalkes, beuefactour3, and alle crysten saules, vi)pon wedcnsday
in the secund weik of lent, or within Eghte daye next afore or
aftyr the same day, as best may falle, euere yere duryng the
naturall lyffc of the seid Thomas. For the whiche obite, the
seid Thomas covenantes and grauntes, by thie3 presentes, for

I
of the
gd^he chapel, to pay or causc to be paid yerely duryng hys seid lyff, the seid
tbeoMt of bread jjjy ^^f obitc, vuto tlic Maisstcr of the seid Gilde, four pens: And
and ale. tlie bell- J ' l > >
ofiork, Ac.
^^J euery of the sex kepers of the same Gilde, tuppens; And to
the prcist of the seid Chappelle, foure pens; And to the bcddell
of the seid Gilde, Tuppens; And for brede to be distributed
emongcs pure folkes of the seid Chappelle, foure pens; And for
brede and ale to be expend emonges the Maister, kepers, and

prcist afore-seid, atte seid deregj', foure pens; And to the l>elman
of the City of yorke pronownsyng the seid obite, foure pens; And
for a hedmesse penny, a j>enny; And vnto the Curate of Seynt
* A line is drawn in the MS. through the words here put within brackets ;
but it must have been done through carelessness, as the same chapel is
named ag.in below, with the word "aforesaid " after it.
;
GILD OF CORPUS CIIRTSTI_, YOIJK. 145
!RIicliaelle kyrke, att ouse-bryg-End within the City of yorke,

prayng for the saules of the seid lohn Tanfeld and Agnes hys
wyft' yerely vppon Sondays by hys bederolle in the pulpitt, and
for sayng a messe of Requiem for the saules abouenamed in the
seid kirke atte seid day of obite, Eght pens; And to the seid
Curate, and kirke -wardeyns of tlie seid kyrke for tyme beyng,
for to be distributed in Almosse emonges pure folkes of the seid
pariche beyng atte seid yerely obite and Messe, thyrteyn pens.
And, aftir the decesse of the seid Thomas Tanfelde, the seid After the prior's
death, the gild
Maister and brethern covenantes and grauntes by tliie; presentes, ""dertakes the
*--' %i J 3. '
same charges,and
that the Maister and sex kepers, and the preist of the seid Chap- ^^^^ ^^^'
^^lH
pelle for tyme beyng, shalle syng y seid yerely obite within the
seid Chappelle, for the saules of the seid Thomas Tanfeld, lohn
Tanfeld and Agnes hys wyfe, there kynsfolkes, benefactour^, and
for alle crysten saules, vppon weddensday in the secunde weik of
lent, or within eight days next afore or aftir the seid weddensday,
as best may faile, yerely for euermore, atte custages and charges
of the seid Maister and brethern of the seid Gilde and yer suc-
cessours, to be made for euermore in maner and forme foloyng:
That is to say, the seid Maister and brethern covenantes and
grauntes, and by thie^ presentes, for to pay or cause to be payd
yerely for euermore, atte seid day of obite, vnto the Maister of
the seid Gilde for tyme beyng, iiij.c?. ; and to euere of hys sex
kepers, ij.cZ. ; And to the preist of the seid Chappelle, iiij.c?.
And to the beddelle of the seid Gilde, \].d. ; And for brede to be
distributed emonges pure folkes of the seid Chappelle, iiij.c?.;
And for brede and ale to be expend emonges the Maister, kepers,
and preist aforeseid, atte seid deregy, iiij.(i.; And to the belman
of the City of yorke, pronownsyng the seid obite, iiij.c?.; And a
hedmasse penny; And to the Curate of Saynt Michaelle kyrke,
atte ousebryg-end within the City of yorke, prayng for the
saules of the seid Thomas Tanfeld, lohn Tanfeld and Agnes, hys
Fader and moder, openly by name, vppon sondays att Messe in
the pulpitt by hys bederolle. And also for sayng a Messe of
Requiem for y^ saules afore-sayd, the seid day of obite, within
the said kyrke of Seynt Michaelle, Eight pens; And to the seid
10
146 nif.n OF 8T. JOHN nAmsr, youk.
Oiinitc ami kyrko wunlrvns of tlir sci.l kyrko for tymc ! yn^j, fur
to Ih* (liiitriluitol in Alinos cmojims |uro folkcH of tlie m-id
pntioho U'vni: vin'ly ntto Hil obito ami Miw*e, xiij.</. Vnto the
wliich oMto Hothly yeroly, and to nllc and synj^ler covenantos
nnd jfrauntoa nn<l pnynicntos ycrely for eiicrniore aftir the deccHHO
of y-*^ ac'ul Thonini*. wcllo truly and faythfully to 1)C obserucd,
kopt. and fuUfiUyd. ly tlio Hcid Mnister and brt'thcni and ycr
iw Bucccssours jus is afore-scid, tlie seid Maistcr and brethorn liyndcfl
to Ibltl Ha
' thcm-self and yer suoceR8oui3 by thio; prcscntes, vnto the seid
Thomas and his cxccutoiir^, and vnto tlio seid Curate and kirke-
wanh'vns and ycr succrssour^, in x.8. of huifull eni^lyslio money,
in the name of a pa}ii forfeit, and to ])C payd to the vse and
proffitt of the kyrk wark of Sepit Miehaclle aforesaid, as aft
tymes as the seid Maister and kepers and yer 8ucce8SOur3 Hlmllm
remyssyve, negligent, and forgitt to syng the seid yerely obite,
atte seid day and place hereaftir, And as oft tynies as the seid
Maister and brethern and yer successour^ pay not all and syn-
gyllcr 8omnie3 and particuler paymentes afore-seid by yem aboue
covenanted and graunted. In witnesc hereof, vnto twoo parties
of thes indentour3 triparted, remanyng with the seid Thomas
Tanfelde and the seid Curate and kirke-wardeyns, the seid
Maister and brethern hath putt yer common scale; And vnto
the thirde partye of thie^ seid Indcntour3, remanyng with the
seid Maister and brethern, y seid Thomas base putt-to hys scale.
Ye\'yn atte halle of the seid Gilde, the day and yere aboue seid.
(d) Gild of St. Jonx Baptist.*
BroUieiiy love to The first charge of this gild is, to cherish brotherly love. And
be cbcrisbed.
BelpahaO be if any brother falls into want, so that he cannot maintain him-
ghreo to Uiote
alien into wmnt. self, he shall have, for kindness' sake, sevenpence every week
Teaiiy tenicc by from the gild. Service shall, once a year, be celebrated by a
ft chaplain.
chaplain, for all the brethren, living and dead. No brother
Noneifaall dm shall be so bold as to do wrong to any one, thinking that the
the gUd't name to
cover any wrong- gild will back him up. If he does, he shall be put out of the gild
dokig.
CCCVIII, 67. Condition, fair. Latin.

GILD OF ST. JOHN BAPTIST, YOllK. 147
for ever. Every brother binds himself that, if he is wroth with How quarrel-
makers shall be
a brother, without reasonable cause, he shall pay, the first time, dealt with.
a pound of wax ; the second time, two pounds of wax ; and, if The wardens and
twelve brethren
he forgets himself yet a third time, he shall do what the wardens simii be the last
appeal.
of the gild, with twelve of the brethren, shall ordain, or be put
out of the ^
ofild. The affairs of the gild shall not be told to any The affairs of the
gild .shall not be
.
one, unless for the good of the gild. The gild has no goods toid.
11-1what
other than are
'11
raised by yearly payments.
X\1T7-T
Dated at York,
'^''^ S"*^ ''^ "^
goods beyond
yearly payments.
the 22nd day of Jannary, a.d. 1388 [9].
[There is no other Return from any gild in the City of York,

among what remain of the Returns sent up in January, 1389.]
;
148
III.
BEVERLEY.
(a) Gild op St. Elexe.*
'**** fy^ '^Phis Gild was fouiulod, by pci'sons named in the return, ou
May 3rd, A.D. 1378. An alderman and two stewards are
y^- chosen every year. At the year* s end, the alderman and stewards,
MMiInf of tiM
giM cvwy ymr. anj the bretheren and sisteren of the gild, meet together, on the
Ayqtfcit a iwi ni feast of St. Elene. And then a fair youth, the fairest they can
find, is picked out, and is clad as a queen, like to St. Elene.
oidaubMr. ^nj an old man goes before this youth, carrying a cross, and
JJJJJy ^Jjj*
another old man canning a shovel, in token of the finding of the
** Holy
^ Cross.t The sisteren of the jcild follow after, two and two;
M*tlM
; then the and then the bretheren, two and two; and then the two stewards;
J2[JJj
and after all follows the alderman. And so, all fairly clad, they
go in procession, with much music, to the church of the Friars
goM, vith muric, Minors of Beverley ; and there, at the altar of St. Elene, solemn
to diiirch.
MaMtooeiebnted. mass is Celebrated, and every one of the gild makes offering of a
penny. The mass ended, and all prayers said, they go home
Afkv dhncr, ttiej and, after dinner, all the fjild meet in a room within the hall of
D goto the gOd- .
hall, and then eat the inld and there they eat bread and cheese, and drink as
;
ad drink.
.
much ale as is good for them. Afterwards, they choose, by

nB thcjr cfaoow unanimous assent, out of the best men of the tfild, an aklennan
an aldcriiuin aitd
'
^ '
two stowd* for ^jjj two stewards for the next Jyear ; and to these must be handed
tht next year. '
over all the goods of the gild. Tlie alderman and stewards are
Bedridden poor bound to maintain two, three, or four bedridden poor folks while
CCCVIIl. 40. Condition, gootl. Latin.

+ As to the story of the finding of the Holy Cross, see the Note upon the
Gild of the Holy Cross of Stratford-upon-Avon, further on.
;
GILD OF ST. MAKY, BEVKULEY. 149
they live ; and, when these die, they must bury them, and choose ^?^^ ^^ i^^'n-
others in their place, and in like manner maintain them. Three

wax lights are kept burning every Sunday and feast day, in Lights, and ser-
vices for the dead.
honour of St. Elene ; and at the morning mass of Christmas
day, thirteen wax lights are burnt. There are services for the
dead, and offerings. Any money in hand at the end of the year. Application of
yearly surplus
IS spent in repairing the chapel of the gild, and in gifts to the funds.
poor.
(6) Gild of St. Mary.*
This gild was founded, by persons named in the return, on The giid was begun
January 25th, a.d. 1355.
There shall be an alderman and two stewards of the gild, who Officers of the
shall manage its affairs according to what the bretheren and

sisteren shall have a^^reed.
The bretheren and sisteren shall each Payments on
entry.
pay, on entry, towards the expenses of the gild, five shillings,
and one pound of wax, or more. Every year, on the feast of the Yearly meeting.
Purification of the blessed Mary, all the bretheren and sisteren
shall meet together in a fit and appointed place, away from the
church : and there, one of the gild shall be clad in comely a pageant shall
be prepared,
fashion as a queen, like to the glorious Virgin Mary, having
what may seem a son in her arms ; and two others shall be clad
like to Joseph and Simeon ; and two shall go as angels, carrying

a candle -bearer, on which shall be twenty-four thick wax lights.
With these and other great lights borne before them, and with îiich shall go in
procession to the
much music and gladness, the pageant Virgin
^ ^ with her son, and '
church, with
<=>
music andglaJ-
Joseph and Simeon, shall go in procession to the church. And "^^-
all the sisteren of the gild shall follow the Virgin ; and afterwards
all the bretheren ; and each of them shall carry a wax light
weighing half a pound. And they shall go two and two, slowly
pacing to the church ; and when they have got there, the
pageant Virgin shall offer her son to Simeon at the high altar
and all the sisteren and bretheren shall offer their wax lights,
together with a penny each. All this having been solemnly done,
* CCC-VIII. 104. Condition, fair; but a large piece destroyed. Latin.

150 OKK.iT OII.I OK 8T. JOHN OF UKVKKI.KY
ihcy tfhnll go home Agiiiu witli ^'IjuIiu'sm. Aiitl nuy brother or

Ar. -v ,-. \ hi.Ht*T who iloo* not cotno. hiiUsm îmhI cause for Htjiyiiij; away bo
m4. bhown. hhall |my half a |M)un<l of wax to the giUl. On the Bamo
lUy, aflor dinner, tlie bretheren nnil sisteren shall meet togetlier,
and shall cat bread and cheese and drink ale, rejoicing in tho
Lord, iu pniisc of the glorious Virgin Mary ; and they shall then
aod there choose, with the assiut of the elder part of the
bretheren and sisteren of the gild, an alderman and stewards for

the next year, who shall at once undertake the affairs of the gild.
fwitot IVayers and offerings shall be given for the dead. The alderman
and stewards of the gild shall visit those bretheren and sisteren
kntiMmi, Uiaii b who are poor, ailing, or weak, and who have not enough of their
tilld and helped.
own to live upon ; and they shall give to these as they think
right out of the gild stock, as has been agreed ; namely, to each
one 80 being poor, ailing, or weak, eightpence, sixpence, or at
least fourpence, every week, to helj) their needs. And if any of
those poor bretheren dies, or any other of the gild who is not well
ikall b baried lU
ttwcortofUf off, he shall be buried at the eost of the gild, and have all be
coming services.
(c) The Great Gild of St. John of Beverley of the

Hanshouse.*
[Tliis is one of the very few of the returns remaining in the
Record Office, of those that were made under the Writ (6),
from Gilds of Crafts. It gives us, therefore, no ordinances :
nothing but a few, though highly interesting. Charters. The

earliest of these is the following :
t]
CCCVIII. io8. Condition, partly fair; partly bad. Latin.

f The absence of any ordinances, in the returns made by this and the
like Gilds, is much to be regretted. The ordinances of the Gilds of Crafts
would be of quite as much interest as those of the Social Gilds. I have
recovered, from the heretofore unknown archives of the city of Exeter, the
original ordinances of three Craft-Gilds, which will be found under the head
of '
Exeter," further on in this Part II. Of the returns made under the
Writ (6) [Ijefore, p. 130], a more complete and characteristic example, or
one more historically valuable, could not be given than the present return
from Beverley.
OF THE HANSIIOUSE. 151
Thurstan * by the ^ ffrace of God Archbishop^

of York, to all '
charter of Arch-
' *' Thurstan.
bisliop
the faithful in Chiist, as well now as hereafter, Greeting ; and

God's blessing and his own.
Be it known to and
you that
srrauted, and, withI have
given ' '
Grant of liberties
to the men of
^
the advice of the Chapter

^
of York and Beverley^
and of my iêveriey, the
./
same as are held
barons, have by my charter confirmed, to the men of Beverley, Ij^^jjj
^^'^ ^^
all liberties, with the same laws that the men of York have in
their city. Moreover, be it not unknown to you that the Lord King Henry has
^
empowered him to
Henry our king [Henry I.] has, with a good will, granted to us make this charter.
the power of making this [charter] ; and has, by his own charter,
confirmed our statutes and our laws, after the manner of the laws
of the burgesses of York, saving what behoves to God and St.
John and myself and the canons ; that so he might uphold and
enlarge the honour of the alms-deeds of his predecessors. With
all these free customs,' I will that my ./
buroêsses
o of Beverley
J
shall The burgesses
have tliclr
sl,aii
have their " Hanshus ;" which I give and grant to them in Hanshouse.
order that therein their common business may be done,t in

honour of God and St. John and the canons, and for the amend-
ment of the whole town, with the same freedom that the men of
York have in their " Hanshus." I also ^

g-rant to them toll for Right of toil is
granted to tliera,
save on three feast.
ever,' for xviii.
J
marks a Jyear :
?
savinor
o on the three feasts on days, winch shall
be toll-free.
which toll belongs to us and the canons, namely, on the feast
of St. John the Confessor in May, and the feast of the Translation
of St. John, and the Nativity of St. John Baptist. On these three
* A copy of Thurstan's charter, a translation of v\ hich now follows, is
given in the enlarged edition of Rymer's Fcedera (1816, vol. i. p. 10), and
another in Poulson's ''Beverlac," vol. i. p. 51. The compilers of those
works were, however, none of them aware of the existence of the MS.
which I am now using. There are many variances between their copies of
Thurstan's charter and that which is translated above. Both profess to
copy from a MS. in the Tower. But the original charter could only be in
right custody among the archives of Beverley. In the absence of the
original charter in such right custody, the MS. which I now use would
be the only legal evidence of its contents, having been made under order
of Parliament, and by the men of Beverley themselves, and being now
found in the proper custody. I therefore follow its terms throughout.
t The phrase " ut ibi sua statuta pertractent ;
in the original is, " the
sense of which is better expressed by the phrase given above than it would
be by any more literal translation.
] "
\b% r.KEAT oii.D or trr. juun ok bK> kki.ky
(i .i-'ts I htwv uxinU' nil the lurjoHHC8 of iii'verU-y frcv and (luit of
vwry toll. Tliih t hartor also iM'nrH witnoHH, that I iiavc jn*""**^
TlMîlMltaT* to tho name lttir>;rsh<-M fn-o ri^îit of ooinin^ in and ôin^ out;
9^my ff%lil of wv.
! kii Md oi nnirlv. witliin tho t<wn and beyond the town,
...
in i)luin and
wood and marsh, in ways anti paths and other ensenient, Bftve
in mea<low8 and corn-fieIdH, as ôod, free, and larjê as any one

can grant and confirm. Ami know yv, tliat they shall he free
TVrrfMlbvM and quit of any toll throu^j^h the whole Hhirc of York, like as the
hwflfbia '
,
dMiHMrt Yorii- men of York are. And I will that >vhosoever crainsays* this
ikbvMlWMn
f Tortiam shall Ik? aecui*sed, as the manner of cursin;^
... is in the church (f
of St. John, and as shall he adjudLjcd in the church of St. John.
These are the witnesses: Geoffry Mirdoc, Ni;êl ffussard,
Arnaldt Perci, Walter Spec, Eustace son of John, Thomas^ the

provost , Turstin the archdeacon, Herbert the canon ||, William
the son of Tole, William of lâjus ; before the household, both
clerpy and laity, of the Archbishop in York IT.
rh*rtrrof Arcii- [This charter is followed by another, granted by Archbishop

William, the successor of Thurstan, confirming, though in dif-
ferent words, the substance of the former charter, and gi*anting

free burgage to the town and burgesses, and that they shall have
of raid. a Gild Merchant and the right of holding pleas among them-
r Ti'nif
selves, the York have among themselves.
same as the men of
*"^^'
^
Then follows a confirmation of these two charters, by Pope
Lucius III.,** in the following words :

In my MS. the word is "despicerit ;
" in Ryrner it is " disfccerit
;
in Poulson it is "dissecerit," which is probably only a misprint for the

same word as Rymer gives.
t "Alan de," in Rymer. J

" Tom," in Rymer.
See the Note + before, p. 135. "Herbert can," in Rymer. ||
\ Tliurstan was chosen Archbishop of York on August 14th, a.d. 1114.

It is said, in the "Chronological Index" to Rjmer, that thiH charter was
granted a.d. 1132 ; but no authority is given for fixing on tliat particular
year.
** There were two bishops of Rome in the twf-lfth centurj' of this name.
Lucius was chosen on March 12th, II44, and died February 25th, 1145.
II.
Lucius III. was chosen Septemberist, 1 181, and died November 24th, 1 185.
The Lucius who made this charter must have been Lucius III. for Henry, ;
"r'X Anglorum," is spoken of as if then living, and this can only have
been Henry IT,, whose reign began in 1154, and ended in 1189.
; ;
OF THE HANSHOUSE. 153
Lucius, Bishop, servant of the servants of God, to his beloved Pope Lucius iii.,
children the men of Beverley, Greeting and Apostolic Benediction.

The charge which we have undertaken moves us to listen, and listens to risht
readily to yield, to the right wishes of those who ask and our ;
well-known kindness urges us to do so. And because we make

the Redeemer of all men propitious to us when we give careful
heed to the just demands of the faithful in Christ, therefore,
beloved children in the Lord, giving ready assent to what you and confirms the
, _^ . . .
liberties granted
ask. Your Liberties, and the free customs which Thurstan and ^y Archbishops
Thurstan and
William of happy memory. Archbishops of York, are known to Wiiuam,
have piously and lawfully granted to you, as is found in authentic

writings made by them, which have been confirmed by our already confirmed
, \ . .
by Henry
"King
II.,
dearest son in Christ,y Henry,

J7 the illustrious kino:
t>
of the Enoflish,
o
of the
> English."
We do, by our apostolic authority, confirm ; and, by help of this
present writing, we do strengthen : decreeing that no man shall
disregard this our confirmation, or be so rashly bold as do aught

against it. And if any one dares to do this, let him know that
he will bring down on himself the wrath of Almighty God, and
of the blessed Peter and Paul, Apostles. Dated, xiij. kalends of
September [20th August ; no year is given].
[This confirmation by Pope Lucius III. is followed by a very inspcNimus
long charter of Richard IL, dated January 30th, a.d. 1379. It uidiardii.
is what is called an inspeximus charter, and is of curious historical

interest, inasmuch as it sets forth (as having been '
inspected')
charters of Edward the Third, Edward the Second, John, reciting charters
Edward the First, Henry the Third, Richard I., Henry the Second, Ed. iif joh'u,
*'
and Henry the First, with the names of the witnesses to several h. ii!^ and h." i.
of them ; many of the latter being names illustrious in the history

of England. These charters confirmed the liberties granted by
the charters of Archbishops Thurstan and William, and also, in
express terms, the rights of the Gild-Merchant to toll, Hans-
house, etc. The object of the charter of Richard II. is, to andconfinningthe
o(> ,^ 1 ^ 1 1 ^ ^ ^
whole of them.
re-amrm all the charters which it states to have been thus
'
inspected *.']
* No mention is made, in Poulson's "Beverlac," of the confirmation by
Pope Lucius nor are the Letters Patent of Richard IL set forth in that
;
^
elaborate and interesting work.
15i OILD OK CXiKPt'8 CIIKISTI, DKVKUI.KY.
(</) OiLD or CORPI'8 ClIKISTI.*
In Bevcrlov, an in York, there waa a gill of CorpuH ChriBti ;
the main ohjtvt of which was there, as in York, to Imve a yearly

priKX'Hsion of |>|;iMUit8.t It wuh, like that of \'urk, iiunle up of
both clergy and laity. The ordinuiues hegin by Htating that the
ThattM^tkm of "solemnity ami service" of Cttrnus Christi were betnin, as a new
wmhttfmim^ i\i\n^^ by command of Pope Urban iiij. and John xxij.:{: Tiic
iMrtMMtkcwiunr. are of a much more common-sense and
Qrilinances lil)t ral
character than those of tlic (iild of Corpus Chiisti of York.
BalptoihoMin Help is to be given to bretheren falling into want. In case of
Qmnvi* mart iw quarrel between any bretheren, tiic rest of the gild must use
tgHttA by the inl<l.
their endeavours to restore a good undei-stauding between the

quarrellers.
CCCVIII. 1 10. Condition, fair but a large piece destroyed. Latin.

;
+ See some account of tliese in Poulson's " Beverlac," pp. 268-275.
J It is usually stated that Urban, alone, founded this celehration. Ho

was Pope from August i;6i to October 1264. John was I'upc from
August 1316 to December 1334.
155
IV.
KINGSTON-UPON-HULL.
[In the bundles of returns as to English Gilds now remaining

in the Public Record Office, there are three from Kingston-
upon-Hull. All the three have one characteristic, which marks
them out from most of these returns. Instead of giving a copy
of ordinances, with the other particulars asked for by the writ,
each of the three gives the copy of an original charter, or deed
of foundation, by which the gild was endowed, and which
in
certain ordinances were set forth by the founders. Each of the
three, though all are alike in this respect, differs widely from the
others in details. All are long. A full summary of the most
complete of them shall therefore be here given. A shorter out-
line of the others will be enough to show the differences that
existed, in the same place, in the views taken by the independent
and self-reliant men who founded these gilds.]
(a) Gild of the Blessed Virgin Mary.*
This gild was founded on Sunday, the 23rd July, a.d. 1357. The giid was begun
The names of the twenty -two founders are given ; of whom there it was founded by
. , , , . . ,. men and women.
are ten men and twelve women, nine 01 the latter being wives 01
founders, and three not so.t The founders charge their estates Yearly payments
be made.
sliall
with the yearly payment to the gild, from each married couple,
and from each single man and woman, of two shillings and two-
* CCCVTII. 105. Condition, fair. Latin.

+ by the closing paragraph of this deed, that after it had
It will be seen,
been prepared, but before it was fornaally sealed, the wife of another of the
founders joined the gild, thus making thirteen women, ten of them being
wives, among the founders.
156 (ill.n OF TIIK ULK88KI) VIIKMN MMIY, UWA..
Urnco in ailvcr, to l>o [uxul qtiartorl}- ; ami if any Hurh pavmont

AmmnmvfU i in nnrar (which Citxl forhitl), the wanU'ii of the fpM Ih em-
|Hkw'rt'f the whoK* pM. any fresh man an<l wife enter
the pid, they shall tojî ther pay two shillinj^ and twopence
yoHrly during their lives, and afterwards the survivor shall pay
the Kiune sum. If an uiunarrird man or an nninnrried woman
enters the pihl, each shall he hound to make the same yearly
payment. If any hrother or sister afterwards marries, the gild
will take one payment of two shillings and twopence for man and
ilNMrrirar being wife together, upon the condition that the charge remains upon
kM^loeaaUiMM .
ii. whichever of the two shall survive the other. Any hrothcr or
HdiiillwilliliH
HtiMt Um town sister living outside the town, and not making ])ayment on a
riMll b* flnsd ;
Um1w(, dav certain, fixed ly himself, shall he fined one pound of waix the
tootoTUM '
.
.
first time, an<l two pounds of wax the second time ; and whoever
is thus in default a third time, shall be put out of the gild, and
outlawed, unless special grace be given. If any one of the giUl
tJahnitjaf Wcomes surety for another of the gild, that any. debt due to the
gild shall be paid on a day certain, and the debt is not paid, and
the debtor has no goods, the sum .shall be levied upon tlie surety,
without any j>lea or delay. If any debtor or his surety is

ifaddiiarini^ abusivc, citlicr in word or deed, and refuses T)ayment when the
iv double. wardens seek this, then dcjuble the amount of the debt shall be
levied, unless grace be given.
AnaMcnmin. When an alderman and steward have been chosen, they shall
M waH. iiii two r 1 ! 1 1 1 1
I.. ji-i,.. I, .! ,11 take two of the more discreet men of the gild to help them and ;
act lit tlM: name o^ ,, , m i i ii i i i

i i
iiMgikL all the gild shall abide by what the aldennan and stewanl and
their two help-men may do in the name of the gild,

iidp shall be If it befall that any of the gild, either a brother or an un-
glTcn to lUote in j n 7
ne^ and aM to
work, to ennMe
ynarricd pistcr, > n Jyoung
being n and able to work, has, through o > >
*'*"uii'"'^
mishap, become so poor that help is much needed, there shall be
paid to him, out of the goods of the gild, as a free grant for one
year, ten shillings, to enable him to follow his own calling in
such manner as he thinks best.* And if, owing to weakness or
The oriânal words of this phrase are, "ad mercandi.sandum ad opus

suuin proprium, prout siVji melius viderit e.xpedire."
GILD OF THE BLESSED VIRGIN MARY, HULL. ]57
any other cause that may be excused, he is not able to earn back
the ten shillings during the first year, he shall be let keep the
money for another year. If at the end of the two years he is
not able to earn back the ten shillings, nor to make increase
thereupon, nor to live on his own, he may keep the money for
yet another year, in order that he may make a profit out of it.
If at the end of the third year he is unable to earn back, beyond
what is his own, the ten shillings with an increase, then the
money shall be wholly released to him.
If it happen
^^ that any of the gild becomes infirm, bowed, blind, Whoever is af-
.
flicted, shall have
dumb, deaf,' maimed, or sick, whether with some lasting: or only help from the gUd
' ' ' a J during life.
temporary sickness, and whether in old age or in youth, or be so
borne down by any other mishap that he has not the means of
living, then, for kindness' sake, and for the souls' sake of the
founders, it is ordained that each shall have, out of the goods of
the gild, at the hands of the wardens, sevenpence every week ;
and every one so being infirm, bowed, blind, dumb, deaf, maimed,
or sick, shall have that sevenpence every week as long as he
lives. If any of these poor and infirm folks should get so low The yearly pay-
ment due from
in the world that he cannot pay the before-named yearly charge each, shall be
of two shillings and twopence, and has no goods on which it may 'i^^P t^^s S'ven.
be levied, then part of the weekly payment of sevenpence shall be

set aside, so that the quarterly payments towards the two
shillings and twopence shall be fully made, and so that on no
account shall that yearly payment be released. But if any a pilgrim to the
Holy Land shall
brother or sister of the gild wishes, at any time, to make a be released from
payments while
pilgrimage to the Holy Land, then, in order that all the gild away.
may share in his pilgrimage, he shall be fully released from his
yearly payment until his return.
All the bretheren and sisteren shall meet in the chapel of the The giid shall
. 1 rv 1
meet at times
Virgin Mary on Assumption day, to make offerings. Whoever stated,
does not come, unless for reasonable cause, shall pay a pound of
wax. And, under the same penalty for absence, all the bretheren
and sisteren shall come to the burial and other services, on the
death of any brother or sister.
If any brother or sister be rebel or foul-mouthed at any Punishment for

158 OILD OP TIIR ni.K<i8KI) VIK(JIN M AUY, lU LL.
in<*oting of ihc j;iKl, le hluill pay a pmiml of wax. If any ul tiie
gill! chcfttA tho wanltiiH ati to any niattor of jmynunt due, or

|in>fi(.s mndo, or tino. and it in |>rovc<l, and yet he Htandn it out,
he shall jmy two pound*) of wax, unlesH he have grace. More-

Amf o (vOtjr of over, if ony hrothor or hist it 1c found charged uniler any
Mmw *b1I b pal
OTirii articles* touching felony, sucli as rolihory, man-killing, housc-
buniing. lissnult, plunder, rape, prison-breach, counterfeiting
money, forswearing the realm, conspiracy, treason, harhouring

thieves, outlawry, sorcery, heresy, or any other felony touching
life or liml) (which Gotl forhid), then it is ordained that every
such brother and sister be, without any delay, altogether put
out from this gild. And also, if any man or woman f of the
diKfVditoa Um
gOdrfMnbcput gild shall ever be found to be a blackguard, ;{: lover of law-suits,
ovt.
lil)eller, bully, night-walker, destroyer of goods, liar, harlot,
excommunicate, or guilty of any other crime injurious to the

good name of the gihl and the bretheren thereof, he shall,
unless sooner punished by the law, be put out of the gild. And
if any of these evil-doers, or their heirs or executors, or any other
in their name, make claim to any share of the goods and
chattels of the gild, or demand a division thereof, it is
ordained that every such claim will be wholly void and of none
effect, and that no claim of the kind can be maintained before
any judge, ecclesiastical or civil.
QauTdttenbe If any of the bretheren or sisteren quarrels with any other
PtUfd hv the rilH.
* This refers to the Articles of Inquiry which at that time were regularly
and frequently made in every Court Leet, SherifTs Tourn, &c. I have
elsewhere published many examples of the use of these Articles of Inquiry,
See "The Parish" (second edition), pp. 19, 23, 105, 367-372,463 ; "Local
Self-Govern men t," p. 298; "The Law of Nuisances" (fourth edition),
pp. 5-1 1.
+ The usual phrase " frater vel soror" is here changed to "masculus
vel femella," as if the founders of the gild found it painful even to con-
template the possibility that any who had once been called by the more
endearing name of brother or sister of the gild, should do such bad
things.
X The original is "malefactor," bad-doer.

i.e. I do not think it was
used in its modem very limited sense and " blackguard " no doubt comes
;
nearest to what was meant. The context shows this.

GILD OP THE BLESSED VIRGIN MAHY, HULL. 159
(which God forbid), it is ordained that, inasmuch as the gild

was founded to cherish kindness and love, the alderman, steward, The alderman,
steward, and help-
and two help-men,
^ '
shall deal with the matter, and shall earnestly
'
'""', ^^î^" (under
' penalty for ueglict)
^""^^
strive to make
the quarrellers agree together, without any suit SJêr'*'^
or delay, and so that no damage, either to body or goods, shall
in any wise happen through the quarrel ; under penalty of four
pounds of wax, to be paid equally by the alderman, steward,
and help -men, or some of them, unless they have grace. And if
the quarrellers will not obey the summons of these four officers, Penalty on the
qnarreller most in
nor settle their quarrel
^
in a reasonable manner, then the one f^"^*' ^^ ^^ ^^î^
not settle.
who is found most in fault shall pay four pounds of wax, unless
he have grace. Moreover, if the alderman, steward, and two
help-men
^
are unable to agree
in a matter of this sort, or in any The whole giid
^
'=>'=>
other matter touchino^ the welfare of the gild, then
of the gild shall be summoned and
.
meet, and the matter in

all and every '
s'lall
officers
decide,
do not
if the
agree on this or
any other matter.
difference shall be discussed before them, and be referred to

them for settlement.
If the wife of any brother dies in her husband's lifetime, No pajonent shall
be made on the
and the same brother afterwards marries again, as is natural and admission of a
second wife to the
often done,* the second wife shall become a sister of the gild gi^^.
without any fine or payment.

Whenever any fresh brother or sister wishes to come into the The ordinances
shall be rtad over
gild, it is ordained that, before being received, all the ordinances to every fresh
comer, so that
down ignorance may not
J and plainly,
here set shall be read over, openly
r ' L ji so that,5
be pretended.
should it happen that any one afterwards fails in aught, or
incurs any penalties, none may be able to say that anything has
been done to which assent was not given on the first day of
coming into the gild, which was done wholly of the free will
of the in-comer.
An oath shall be taken, by every one coming into the gild, to An oath shall be
observe all the ordinances.

All the men of the gild, for themselves and their wives, and Seais put to the
foundation deed.
all the unmarried women for themselves, have set their seals to
the deed ; and the seal of the Dean of Herthill is added, to attest
* The original of this odd phrase is,

" ut est moris naturaliter."
IGO on.n OF coiirrs ciikisti, hill.
thcM. [It is iuUUhI ll.alj uftoiwanlH, on the simu' ilay, Juliiinu,
the wife of William of Bnntyn;.'hain (one of the founhrM of the

gihl), joined the ^'ihl. aiul wiis ilul) sworn.
Till .'ill! haa in hantl x'w.fih.
{b) CjILD of C'uUri'S ClIUISTI.*
Tliis pihl was foundetl on Thursday, the last day of May, A.D.
bKut> A o- 13ftS.
11 Mf<wMfad ii>7
'35^- "^'^'C names of the forty-three founders are given, eighteen
anaMdwoBMii. ^^j- ^.|,y, ^^Y^, women, and the rest men. The estates of the
i*a.ninto ahaO b founders are eharged with payments, as in the ease of the last-
named gild, hut in a different manner. These founders charge

themselves with the ]>ayment of ten .shillings a year for five
years, by two payments in eacli year ; and, after the end of the
five years, with the payment of one penny and one farthing each
week. Instead of a i)ower of distraining for arrears }>eing given,
defaulters are to be put out of the gild. Every new-comer into
the gild shall j)ay five farthings a week through his whole life.
There ore clauses as to the liability of sureties, and as to the
doubling of debts in case of resistance by word or deed, nearly

the same as in the last-named gild.
AaaldnMi The alderman and chamberlain (as the steward is here called)
igi-' ".-n shall take eight discreet men to help them, and the gild shall
mil- ; - <, <d. abide by what these do in the name of the gild.
Meeting of the All shall meet on the festival of Corpus Christi to make
offerings, under the usual penalty for absence. Any one mis-
behaving at any meeting of the gild shall be fined.
B*ip*hjibe ^^ ^^ befall that any brother or sister become, by mishap, so
"i.
poor that help is needed, twenty shillings shall be granted to him
" ~ ***
for one year, to enable him to follow his calling. And if he
cannot earn the twenty shillings in that year, he shall keej) the
money for another year. And if then he cannot earn it, with
increase, nor make his living, he shall have it for another year, so
that he may make a profit out of it. And if, through no fault of
CCCVIII. io6. Condition, fair ; but a piece destroyed. Latin.

]
GILD OF ST. JOHN BAPTIST, HULL. IGI
his own, he can get no increase even in the third year, then the
money shall be released to him.
A clause follows as to giving help to the infirm, bowed, blind. Help siiaii be
given to tiie
dumb, deaf, maimed, and sick, nearly the same as in the last- afflicted.
named gild : but the weekly dole is to be fourteen pence. A

deduction is here, as in that case, to be made from the dole, to
meet the yearly payments due from each of the gild.
Every brother and

*'
sister shall, under penalty, come to the r.uriais shall be
attended.
^ .
burial of any brother or sister who has died. *
There is a clause as to the ordinances being read over to new- The ordinances
shall be read o\ er
comers, nearly the same as in the last-named gild. to new-comers.
The seals of the founders are set to the deed. The names of seais put to the
deed, and wit-
several witnesses are added : the first among whom are the ^^sses thereto.
mayor of Kingston-upon-HuU, and the bailiff of the same place.
[It seems that this gild assumed the power of adding to the
ordinances set forth by the founders ; for it is added in this
Return, after the copy of the foundation deed :

That all the bretheren and sisteren shall meet on the anni- Another meeting
of tlie gild.
versary of the gild, or pay a pound of wax.
Moreover it is ordained, that no money belonging to the gild No risks beyond
shall ever be risked in trading beyond sea, unless by special

grace, and then two sureties must be given.
And it is ordained, that when the son or daughter of any "^

sons and daugh-
ters of bretheien
bretheren of the gild would come into the <=>'*'

gild, they shall be admitted without
payment ; others
honourably received, without any payment ; but they must bind *'^^^^ p^^ heavily.
themselves to fulfil the ordinances of the gild. None, save the

children of gildsmen, shall come into the gild without paying
three pounds of silver, unless it be by special grace.
(c) Gild of St. John Baptist. t
The date of the foundation is destroyed, and so are the names

of some of the founders. Twenty-one founders' names remain.
* It is remarkable that this applies only to the burial (sepulturam).

Nothing whatever is said, as is usual, about services for the soul, &c.
f CCGVIII. 107. Condition, fair ;

but a piece destroyed. Latin.
11
IGS 0!I.n OF ST. JOHN nAPTUH', IHIX.
Yr4T frmi>nta pnymrnt of two yearly

Fjich chftrpcu liin estate with thr Kliillinjjfl
tea b m4*.
to tho jjihl, |mynl>lr (jtmrtrrly. If any pnymrnt hIiiiII Im- fi;,'lit
(layn in arreur. the alilennnn may levy (ltiul>le the amount. Two
shillingn a year 8hnll ho the imymont man and wife tojjether,
for
the Burvivor payinjif the Raino. A sinj^lc man or woman hIuiII

pay the (uimc. iSuretics sliall he liable, as in Imth the foregoing
giltle ; an<l dehtj* shall he doubled in case of refusal to pay.

An nd When the alderman is chosen, he shall take two discreet men
IhUwmi of the gild to help him ; and all the gild shall abide by what
these three do in the name of the gild.
PaiiiMinat for If any one of the gild cheats the al(l<'nnnn as to any matter of
itaaipta to de-
payment due or profit made, or is otlurwiso rebellious, he shall
pay two pounds of wax.
Urttbm of the All shall meet together on the feast of the nativity of St. John
fUd. PmaltT (
Baptist, to make ofTerings, etc., under penalty. Any one mis-
behaving at any meeting of the gild, shall be fined.
HHp hall b* This gild has a pro\nsion much the same as the two others, as to
given to Um
HUctod. help to be given to the infirm, bowed, blind, dumb, deaf, maimed,
and sick. But in this case each one of the gild is required to
pay a weekly sum ; in addition to which, five shillings are to be
given to each of the afflicted at the feast of St. ^Martin in winter,
to get a garment. A deduction must, if necessary, be made, as
in the other gilds, to cover the yearly payments.

BarfBliMid All must come to the burial of any brother or sister, and also
boftel MnrioM
ihaU be attended.
to the other services for the dead, under penalty.
Entrance foe of
may marrviii^
When any man mames a sister of the gild, and aftenvards
on* of Uie fpld ;
wishes to come into the gild, he must pay six shillings and eight-
and of others. pence. Every one else must pay thirteen shillings and fourpcnce.
Feet for apprcn- If any brother take any apprentice, the apprentice must pay,
ticca.
or his master for him, twelve pence and one pound of wax.
The ordinances There is a clause as to the reading over of the ordinances to
hall be read over
to new-comers.
every fresh comer, to the same effect as in the two other gilds.
Bealsput in the The seals of the founders are set to the deed, and witnesses
deed, and wit
are named, among whom the mayor and the bailiff of Kingston-
upon-Hull stand first.
Goodji of the gild. The gild has in hand xx.lib.

163
V.
LANCASTER
Gild of the Holy Trinity and St. Leonard.*
liese ordinances were made on the feast of St. Leonard Thegiidwas

T A.D. 1377.
begun A.D. 1377.
Whoever is admitted to the gild shall make oath to keep oath to keep the
ordinances.
these ordmances.
No one of the gild shall do anything to the loss or hurt of No one siiaii wrong
another.
another, nor shall allow it to be done so far as he can hinder it,
the laws and customs of the town of Lancaster being always

saved.
No one of the gild shall wrong the wife or daughter or No wife, daughter,
01 another,
.
nor shall allow her to be

, in
wronged so tar as he can
1
sister
"^^ sister sliall be
wronged,
hinder it.
No one of the gild shall take into his house any one known No adulterer shaii
. . , ,
be Iiarboured, or
to be an adulterer, nor shall himself live in adultery ; and if it shaii be let remain
m the gild.
be shown that he has done either, and after two warnings he
will not amend, he shall be altogether put out of the gild.
No one of the gild shall entice others to become adulterers, No one playing
the pander shall
nor shall take up the unsafe calling of " Baudestrotes :" and if be let remain in
. . . .
the gild.
he does, and after two warnings he will not give it up, he shall
be put out of the gild.

If any of the gild die within Lancaster, all the bretheren then Aii the giid shall
come to burial
in the town shall come to placebo and dirige, if summoned by services,
the " Belman," or pay ij.c?.
All shall go or send to the mass held for a dead brother or
sister, and offer ob., under the same penalty.
* CCCVIII. 84. Condition, had. Latin.

16i 01I.D OF TIIK IIOI.Y TIUN'ITY AVD JT. LEONAIID, I.ANCAfrTKR.
Every one of the bn'tliorm nlmll tn\y\ ft)r the houI of tlic dcfttl,
ijuickly an he can. Ix. Putcr uoMttrH, with n many Hiiil-
Marya. And the anniversary of every hrother hIiiiU he (hily
kept.
BBrtftk of tlMw If any of the jjihl dies outside the town of Lancaster, within
A space of XX. miles, xij. hretlieren shall wend and seek the
body, at the cost of the gild. And if the hrother or sister so
dying wished to he huried where he died, the said xij. shall
see that he ha.s fitting hurial there, at the cost of the gild.
Li^.u at burkl Each hrother and sister so dying shall have, at the mass on the
wrrioM
day of hurial, six torches and xviij. wax lights ; and at other
ser>'ice8, two torches and iiij. wax lights.
All the hrethcren and unmarried sisteren of the gild shall
meet four times a year, on four Sundays which are named. Each
shall then pay xiij.(/., towards finding two chaplains to celehrate
divine service in the town, for the welfare of the King and the
Queen, and the Lord Duke of Lancaster, and the whole realm,
and all the dead hretheren and sisteren of the gild. Whoever
does not come to these meetings, and docs not pay the money
within three weeks afterwards, shall pay half a pound of wax,
which shall be doubled if there be a further arrear of three
weeks.
It is ordained that xij. good and discreet men of the gild
to
ithcallUn shall be chosen ; who shall have the power of admitting fresh
oftbcgfM.
bretheren and sisteren ; shall arrange with each of these what
shall be paid on entry ; shall deal with what other matters touch
the good name, profit, and well-being of the gild ; and sliall
appoint the places and times of meetings : and these xij. shall
be chosen afresh every year, if it be thought fit.
CoOeelon dMil b Collectors shall be chosen, to gather in all dues. They shall
dinaen, who nluil]
rcnHrr an account render an account to the aforesaid xij., or the greater part of
to the twelve.
them, so that the xij. may, every quarter, let the gild know
how its affairs stand.
[No Return is found among these bundles from any other gild
in Lancashire.]
165
VI.
CHESTERFIELD.
{a) Gild of the Blessed Mary.*
This gild was begun on the day of the circumcision of our Thegiidwas
_ -
Lord, A.D. 1210, to hold certain
. .
Ill
services, and the better to
begun A.D. 1218.
assure the liberties of the town.

First, all shall swear to uphold the due rights of the church, t The rights of the
Also, they shall SAvear to take care for the rights of the lord upheld.
, , , Also, those of the
of the place. lord.
Also, they shall swear to guard all their liberties, within town The liberties of
.
,
and without town, and to give
, .
Ill
trusty help thereto whenever
1
it
town shall be
*''6
guarded aud
helped.
may be needed.
A chaplain shall celebrate services on days named, and shall a chaplain shall
celebrate certain
be paid what the Alderman, Steward, and Dean think right. J services.
Each brother shall bequeath, in his Will, towards masses for Bequests shall be
made by the
the souls of the bretheren, twelve pence out of every pound of bretheren.
his chattels ; but he need not bequeath more than forty
* CCCVIII. 90-95. Condition, very bad, and several pieces destroyed.

Latin. It unfortunately happens that, in several instances, the places
where words have become destroyed occur in ordinances that are of special
interest.
+ The cautious phrase of the original is, "omnia jura ecclesiastica ecclesias
sue de jure debita," Indeed this body of ordinances is remarkable for the
slightness and the coldness with which religious services, whenever named,
are treated. Even in the services usual for the dead, much less care is
shown than is usual. Very different from this is the warmth and the par-
ticularity with which the gild bretheren are required to stand fast in
defence of the liberties of the town.
" major" is written here, and in one or two other places in
X The word
this Jveturn, instead of "alderman." To avoid confusion, I put ''alder-
man " throughout.

166 01 LD OP THE BLKSSKD MARY,
hilling in all. If he have lens thiin twenty shillin^^H, Irt hiiii
do OS ho Iikc8 tvith it.
On the lenth >f nny hntther, xiij. wax liglits Hhall he Amiul hy
rite
the giUi, to set round Iuh iNHJy, and nhall he kept Imrning until
he is buricti ; nnd eaeh lirotlier shall either jiay a ienny at tho
time of hurial, or else make oflfering afterwards f(r the soul, as
the Alderman thinks hest.
IMp *hn he If, in the haps of life, heavy loss hefalls any hrother, whctJK r
||tn in CA** if
Km* bv Are, tniir-

rMn.rnblxT>. Ace.
hy fire, hy murniin, hy rohljery, or hy any other mishap, su
If not oaud bv that sueh loss come not through his own lust, or gluttony, or
Uw Um
folly of
dice-play, or other folly, each hrother shall give liim, in relief
of his loss, at the first, twopence ; and again, if he needs it, two-
pence more ; and yet a third time, if necessary, ij.c/.
HalpriMnto If any hrother, through age, or loss of limh, or leprosy, comes

thmt tothoM
who mn rthablxl to 80 great want that he cannot support himself, the hretheren
or In wmot.
who are ahlc shall, in turn, supply him with needful food, or
shall find for him a house of reli^non where he may stay during
life.
nnhrmulat of The deaths of past Aldermen, and of Hugh of the Peek [either
doMluahallbo
kepi. founder or henefactor], shall he yearly kept hy the hretheren,
even to the end of time.
WboovorliM If any hrother shall have >vTonged another in any way, hy
i ougd anothor,
by deed or wdrt, violence, either with malice aforethought or through ignorance,
and will not inake
amend*, sliall h>e or hy hackhiting, or by foul words ; or shall have sworn at his
put out of the gild.
brother, or evil-spoken of him, or in any other manner wronged
him ; and if this shall he proved hy two of the hretheren, and he
is unwilling to make fitting amends for the wrong, on the
friendly suggestion of his hretheren ; then he who has been
wronged may seek redress howsoever he likes ; and the other,
for his rash presumption, shall be put out of the gild, or punished
in such other manner as the Alderman and his hretheren shall
think well.
Every brother shall, in every strait and trouble, have the help
si. ! in
dfe>-,.-ii].^ i.iiiiM:lf of his hretheren towards defending himself, in due course of law,
at law.
against any adversary whomsoever.
If any brother has undergone damage, or loss, or cost, for the
CHESTERFIELD. 1 Q)7
common welfare of the gilcl, or the liberties of the town, the whoever has had
loss or cost for the
bretheren are bound to make good

to him all such damaeres,
*=
^^'^ of the town,
^ ' shallhave it made
^
and shall, with others of the town, give him counsel and help. sood to lum.
The Alderman, with the counsel and help of the bretheren, Tiie liberties of
shall uphold and defend all the liberties belonging \to the actively ui)iieid,
whenever there is
toivn*] against all disturbers or hinderers of those liberties j

need.
and xij. men, or as many as are wanted, must be chosen by

him, or by the Steward of the gild when he himself has not
leisure, and be sent before the justices, or elsewhere, upon the
business of the town, whenever need shall be.
The Alderman shall look after the house as well as he is The alderman
shall control the
and the Dean giid-jiouse; and
able ^: shall take care -\that summonses are duly]
^^ the dean shall
sent to the bretheren. The Dean shall also receive the fines,' su""non members,
and collect
"^""^ys-
and hand them over to four scribes [1 Stewards], who are bound
to keep the goods of the gild, and to improve them as much as The goods of the
gild shall be put
they can ; and they may keep them for a whole year, if they well into hands of dif-
ferent folks, to
use them. Afterwards, the ^
goods shall be entrusted to others, make increase,
and duly to re-
as the gild thinks fit. All who hold the goods, shall swear that store the whole.
they will duly restore them on a day named, and that they will
use them for the profit of the gild.
Whoever makes known the affairs of the gild, and it is proved wiioever discloses
the affairs of the
by two bretheren,
^ '
shall be put out as r
-^
perjured,
J ^
and his example
i
gii^ .^haii be put
out of the gild.
shall be held up to everlasting scorn.
All the bretheren shall meet twice a year,' to look into and Two meetings
' shall be had every
y^^-
order the affairs of the gild, and to take an account of those who
have in hand the goods of the gild.
The Dean and the Steward shall find wax lights when neces- wax-iights shall
be touiid, and
ti'^re shall be an
sary, taking
' *^
four or three bretheren to advise with them :
^
and
account of them
^^^p**
shall, once or twice a year, give an account of their expenses
over the lights.
Two bretheren shall be chosen to receive all rents and pay- Two accountants
"
'' shall be chosen.
ments due to the gild, and to pay what is due from the gild.
And the Alderman and the Dean and the Steward shall have a
* This is one of the many words destroyed in the original. But there
cannot, from the context, be any doubt that the word now destroyed was
"ville.'*
103 (21LD or TUK S3klITil8 OF CllKHTEKFIKLD.
n11, containinj; the names of those who pay yearly rentfl, niul wliat
auil when each imyt*. and what han to he jmiil thrrcout to others.
Charters, nnininirnt**, Sic, shall he kr])t under the seal of the

Aldennan and tle Dean, and undrr the common seal of the
giliL The chaplain sluill keep vestiueuts aud books, giving an

inventory of them.
Each brother shall, on Friday in Pentecost week, give 'y<i.
towanls alms, and another for wax.

ftjFSMali OB ntry Every incominij brother slmll, on his entry, pay to the clerk
yd., and to the door-keeper j.(/.
Fir* *.>r n>.t When any brother is summoned to come to any meeting
btgt v<l iLt gild. touching the affliirs of the gild, and he does not come, being in
town and not sick, he shall pay yd. to the light.
[A very long list of the possessions of the gild follows, which
shows that it must have been a wealthy one.]
(6) Gild of the .Siirriis ok Chesterfield.*
Ti.UfiMiofur The Return states, in '

an O paraCTaidi,
oi)enin;'
I "O
1
that
1
this b
crild
flouriOied built;
'
hM iftidy joined had, from the time of its foundation (the date of which is not
' ^
tht ftild of Uie
Hoij^rroji of ib Lady Day, 1387 but that the
stated), existed separately uj) till ;
bretheren, having then found their funds too small to fulfil all
claims, joined the Gild of the Holy Cross of the Merchants of

Chesterfield. [It would seem that their own ordinances were,
nevertheless, upheld ; for these now follow :
t]
CCCVIII. III. Condition, very bad, and torn. This gild seems to
have had no patron saint. Among the records of at least six hundred
early Englinh gilds that have come under my careful review, I have very
rarely found this absence, save in some of the Gilds-Merchant. Even
existing London City Companies have such patron saints. Perhaps some
local circumstances made the priests unpopular in Chesterfield. Certain
it IB that, while the ordinances of the Chesterfield gild last given treat
priestly services with a slightncss and coldness that are very unusual, the
prtjsent gild does not even so much as invoke the patronage of any saint.
It is simply the Gild of the Smiths [ffahrorum].

t A fragmentary waif from the lamentable destruction which these in-
valuable Rolls have undergone, remains attached to this Return. It is all
that remains of the Return made by another gild, which was sent up sewed
GILD OF THE SMITHS OF CHESTEUFIELD. 169
This is the agreement of the masters and bretheren of the Gild

of Smiths of Chesterfield, worshipping before the greater cross
in the nave of the church of All Saints there. The head men The giid has an
elder father, rtian,
are, an Elder Father, Dean, Steward, and four burgesses, by steward, and four
overseers.
whose oversight the gild is managed. Lights are to be found,
and be burnt before the cross on days named.
If any brother is sick, and needs help, he shall have a half- Help shaii be
given to the sick,
penny daily from the common fund of the gild, until he has got
well. If any of them fall into poverty, they shall go, singly, on
given days, to the houses of the bretheren, where each shall be and entertainment
' '
'
to tiie poor.
courteously received, and there shall be given to him, as if he
were the master of the house, whatever he wants of meat, drink,
and clothing, and he shall have a halfpenny like those who are
sick ; and then he shall go home in the name of the Lord.*
On the death of a brother, xij. lights shall be kept burning Lights shall be
set round the
round the body, until buried, and oflferings shall be made, body of the dead.
Round the body of a stranger, or of the son of a brother, dying

in the house of a brother, iiij. lights shall be kept burning.
If it befall that any of the bretheren, by some hapless whoever is

wrongfully im-
chance, and not through his own folly, is cast into prison, all prisoned, shaii be
helped by the
gild,
together with this. Not one line is complete, nor is one ordinance hft.
Only enough is left to let us know that it was the return made by the Gild
of the Holy Cross of the Merchants of Chesterfield and to tell us, with a ;
strange mockery, that the gild of which this relic alone remains, was " im-
perpetuum duraturam " and that the bretheren were bound, for ever,
;
"conservare, manutenere, et sustentare," its statutes and ordinances.

* This curious ordinance is made somewhat obscure by the double mis-
chance of part of the parchment being destroyed, and some of the words
having become wholly illegible. There is no doubt, however, that what
I have given is substantially the sense of it. A return from Dronfield, in
the same county, much resembles the present Return on the point of this
ordinance. In that case it is ordained that, if any one falls into want by mis-
chance, not being his own fault, he shall have a halfpenny a day from the
gild, "or he may take meals [comederet] with some brother or sister of
the gild." In another case, of a gild at Grantham in Lincolnshire, it is
ordained that, on the day of the gild-feast, each couple, " videlicet sponsus
et sponsa," and each unmarried man, shall feed one poor pei-son. It is
added that, on the same day, there shall be given to the friars minors of
the town who have gone in procession with them, fourteen loaves, eight
gallons of ale, and half a kid or sheep.
]
170 CILU OK TIIK SMITH}* OF CIIKSTEUFIKI.D.
hill lircthcrcn nrv l>ouml to ilu what tliey can to get him fntil,
niul U> h'fi*iui him.
If any sick hn>ther makes n Will, Imviiifj first hcijuoathed hin
"* Boul to GikI, his iMMJy to luirial. ami the altîr-pfts to the priestH,
he shall then not forget to bequeath something to the gild,
according to his means.

Mtmefhatmtmi When any one has borrowed any money from the gild, either
art W |aM aa
UMdâpiKiiatod. to tniflie >vith or for his own use, under promise to repay it on
a given day, and he does not repay it, though three times warned,
he shall be put under suspension, denunciation, and excom-
munication, all contradiction, cavil, and appeal aside, until
he shall have wholly paid it. If he has been sick, the claim of
TlwfBodionn- the gild must be the first to be satisfied. And if he dies intestate.
b
Ji ,
iMMikbtefor his goods shall be held bound to the gild, to pay what is owing
^fU^ to it, and shall not be touched or sequestrated until full pay-
ment haa been made to the gild.
Should it happen (which God forbid) that any brother is
contumacious ; or sets himself against the brethcren ; or gainsays

any of these ordinances ; or, being summoned to a feast, will not
come ; or does not obey the Elder Father when he ought, nor
show him due respect ; or does not abide by what has been
ordained ])y the Elder Father and greater part of the gild ; he
shall pay a pound of wax and half a mark. Moreover, he shall
be put under suspension, denunciation, and excommunication,
without any contradiction, cavil, or a})pcal.
DMonaad Any one proved to be in debt, or a wrong-doer, shall be
hall
iJoarfromÛte'
deemed excommunicate, and shall not presume to come to the
f^ meetings of the brethcren ; and his company shall be shunned
by all, so that no brother shall dare to talk with him, unless to
chide him, until he has fully satisfied the Elder Father and the
brethcren, as well touching any penalty as touching the debt or
wrong-doing.
To keep and faithfully perform these constitutions, all the
i^**'u^**
brethcren have bound themselves by touch of relics,
and tene- [Copies follow of eight grants of land to the gild the yearly
;
value of each of which is stated. Then comes the following :

GILD OF THE SMITHS OF CHESTERFIELD. 171
The clear sum of the whole xxxij.s. Yearly income

therefrom.
Out of which [has to be paid], for chief rents, etc. V.5. iiij.cZ. Paj-ments to be
yearly made.
And for obits for the souls of several brothers, etc. X.5. vj.c?.
And for xxviij. pounds of wax, for making and

keeping up the wax lights, the price of the wax
being vij.tZ. a pound xvj.5. iiij.o?.
And for repair of houses, generally, by estimation x.s.
In all xlij.5. ij.d*
* The shown between income and outgoes might seem to

difference thus
have made the continuance of the gild impossible for any time. But it must
be remembered that this income is what comes from real estate, and that it
does not include the moneys coming in from any other sources, such as
bequests, fines, &c. Still, this gild seems to have made no provision, such
as was usually made by other gilds, for regular payments by members or

new-comers, and so its annual income would not be large. Hence, no
doubt, arose the necessity for it to join the Gild of the Merchants. See
before, p. i68.
t
in
VII.
LINCOLN.
(a) Gild op St. Benedict.*
'T'his gild was fuundcd in honour of God Ahni;^dity, and of

the blessed Virgin Mary, and of our Lord Jhesu Christ,
in the parish of St. Benedict.
One great wax light shall be found, and lighted on the feast
dMHIw
of the Purification, and at other special times.
'
poor Every year, at the said feast of the Purification, they shall
iteOtoMM
feed as many poor as there are brethcren and sisteren in the gild,
oTtlMfild.
with bread and ale and one dish of flesh or fish, at the cost of
the gild.
itotfae If any brother or sLster wishes to go on pilgi'imagc to the Holy
lloljr Land, to
m^wDwXorto Land, every brother and sister shall give him one penny; if to
St. James's or to Rome, each shall give a halfpenny, unless he

likes to give more ; and the pilgrim shall be accompanied out-
side the gates of the city. And when he returns, and has let
his fellows know it, they shall go out and meet him, and go with
him to the mother churcL
Senricwon deUu When any brother or sister dies within the city, the Graceman
wtthia Um dtj.
and Wardens shall go to the body, and the Dean shall bring four
wax lights, which shall bum there until the service is done ; and
CCCVIIT. Condition, bad and torn.

75. Latin.
+ The form what may be called the dedication of this gild differs, very
of
strikingly, from that of most other gilds. In almost every other case, God
the Father Almighty would seem to have been forgotten. No doubt what
must strike every reader as so strange an oversight, was not intentionally
BO, but grew out of the habit and form of prayers of intercession.
GILD OF ST. BENEDICT^ LINCOLN. 173
on the morrow, when the body is buried, the Graceman shall

oflfer a penny, and each Warden a halfpenny, of the goods of the
gild. Besides this, every brother and sister shall give a half- Bread shall be
penny to buy bread, to be given to the poor for the soul of the
dead, while the priest celebrates mass. Whoever fails in this
offering, shall, next day, pay one penny, or a pound of wax at

the next morn-speech.
When any brother or sister dies outside the city, on pilgrimage services on deaths
or otherwise, and the death is made surely known to the

bretheren, they shall do, for his soul's sake, the same as they
would have done had he died in the city, and this in his own
parish.
When any brother or sister falls into poverty, and seeks the Help shall be
. .
given to poor
help of the gild, there shall be advanced to him, out of the goods bretheren.
of the gild, in the first year, vj.c?. ; in the second year, vj.c?. ; and
in the third year, if he is still in want, vj.c?. If he becomes able
to repay those xviij.c?., let him ; if not, let him keep them as a
free gift.*
Every year, at the feast of the gild, they shall have, on each At the feast,
when the ale is
day of the
^
feast,' three flagons,
b J
with r prayers,
J
and six tankardsJ
:
poured out,
prayers shall be
said and tankards
and the tankards, '
filled with ale,^ shall be o poor who
given to the r
of ale shall be
given to the poor.
most need it. t
* I cannot but think that the copyist has made a mistake here. Com-
pared with allowances in other cases, sixpence a year is simply absurd.
It is often not very easy to know whether the letter is 's' or d' after
^
the figure, and I think that it was, in this case, originally written 's'
(six shillings, not bix pence), and that, in the overhaste of copying, the *s*
was and so written down, as if it was 'd.'

read,
+ There is much difficulty in knowing exactly what is meant by the dif-
ferent vessels named. What I here translate " tankards" is " ciphos" in
the original. From the use of this word in many places, there is no doubt
that meant a great drinking vessel, and it is our guide to the mean-
it
ing of the other words. In Madox's Formulare Anglicanum (p. 432, &c.),
we find Ralph de Nevill, in 1424, bequeathing many costly drinking vessels.
Among the rest are, " optimum ciphum meum auri " '*duas Ollas argenteas ;
deauratas, et iiij. Ollas argenteas albas ;" " j. Ewer argenteum ;" "j. ollam
potteller argenti " and a great many other gold, silver, and silver-gilt
;
vessels. In the ordinances of the Gild of St. Michael on the Hill (Lincoln)
(after, p.1 78), I find mention made of
" four of the tankards (ciphos) which
are called fullas.'
* " "
Are olla and " fuUa " the same thing ? I translate
"
171 OILI) OF ST. nKNKDICT, LINCOLN,
\Vhoevcr winlu's 1<> enter the j(il(I hIiiiII pay six shillinj^'s nnd
oi^ht|H>nec ; namely, three and foiirpcnec on his aclniiKHion, iiiid
at the next year's fciwt three ami fDuriKiice.
Ever}* year, on the Sunihiy next after the ftuHt of St. Micluul,
tlic brcthercn and nisteren shall hold a niornspeech in the ehurch

of St IWnedict ; and every one who has any money of the Îd
in hand, shall then give half the inerease that luus hcen made out
gMoaloM. of that money. And <n the Sunday next after the feast of
K)ti]hany, they shall hold a niornspccch in the same church, to
orran(e about the feast that is to be held on the day of the
Purification. At that feast, every one who has any money of
the gild in hand, shall put it, and the other half of the increase
thereof, upon the treasury in the room where the feast is held.
And whoever fails to come to this mornspcech, having been

sunmioned by the Dean, shall pay half a pound of wax.
WTioever is chosen Graceman, and will not serve, shall ])ay
dMiip^ftfliM. two pounds of wax. Whoever is chosen Warden, and will not
serve, shall pay one pound of wax. Whoever is chosen Dean,
and will not serve, shall pay half a pound of wax.
AwOOttt tBorn-
Evei-y* year, on the Sunday next after the feast, the brethcren
and sisteren shall hold another mornspcech in the same church,

to which all shall come who have any money of the gild ; and
those who have not j)aid in before, shall do so there ; and then
they shall take such order as to the money as may seem most
for the good of the gild. On the morrow, a mass shall be said
for the souls of the dead bretheren and sisteren, and the Grace-
man shall offer a penny, and each of the Wardens a lialfi)enny,
out of the gild fund.
VmtMj if one
who wrongs another by
WTOOg* MioUier. Any brother or sister of the gild
"fullas" by the word " flagons." Again, in the ordinances of a Grantham

gild, I find "tres ciphos vocat()8 masers ;" evidently costly things, for the
price ifl put dov^Ti as xl.., while " tria comua de quibus predicti fratres et
Rorores, die convivii sui, bibere Koleiit," are priced at xx.s. ; and in another
Grantham gild,"una dcbilis mazera" is put down as worth vij.s. A
'nia-scr" or "mazer" is supposed to be a cup of maple wood, richly
mounted. See Rotuli de Liberate, Preface, p. x. ; also the note on the word
* Masere** in Mr. Way's edition of the Promptorium, p. 328.
GILD OF THE RESURRECTION OP OUR LORD, LINCOLN. ] 75
word or deed, in sight of the Graceman, or out of his sight but

in the house of feasting, while the feast lasts, shall pay two
pounds of wax.
If any one is summoned by the Dean on the business of the Penalty for not
gild, and does not come, he shall pay a pound of wax, unless he ings.
has a fair excuse.
{b) Gild of the Resurrection of our Lord,'^
This gild was founded at Easter, a.d. 1374. Thegiid was
Every brother and sister, at entrance, shall pay fourpence to p.iyments on

entrance.
the ale,t and one penny [to the wax] ; and also, every year,
* CCCX. 206. Latin. The roll which

Condition, very bad indeed.
contains this Return beyond comparison, the most interesting that is
is,
found in any of these bundles. It is a sheet of vellum, two feet five inches
long, and eighteen and a quarter inches wide ; the Return itself filling a
space of two feet long by thirteen and a half inches wide, with three lines
in supplement. It is impossible to look at it without the suggestion arising
that it was not written, but impressed with letter stamps. I have com-
pared it with the facsimile of the Codex Argenteus of the Gospels of
Ulphilas, given in Dr. Bosworth's valuable edition of the Gothic and
Anglo-Saxon, &c. Gospels. [The difference of date, both being earlier
than the received date of printing, does not touch the matter,]The size
of the letters is much Return
the same
assuredly seems
; much
but this
more like an impressed, and not written, document, than does the Codex
Argenteus. The objections named in Dr. Bosworth's preface (p. v.) are
not, T think, sound. same letter,
Different stamps, cut (not cast) for the
would be certain somewhat while it is very well known that,
to differ ;
long after printing became common, contractions were used in print. I

have hundreds of proofs of this in my own library.
In this case, the impression of the letters is deep, insomuch that they can
be felt, blindfold, with the finger. The ink has not, as in other cases,
eaten away the vellum, and made it transparent ; but, nevertheless, where
all trace of ink is gone, the letters remain clear, because stamped in the
vellum. It is curious that it was obviously intended to illuminate the
first letter of every paragraph. A large space is left for that letter, in
every case. But time pressed, and so the Return was sent up with the
initial letter of every paragraph wanting.
+ The words of the original are "ad ciphos." There cannot be a doubt
that these words were here used, as " pocula" was much earlier, in the
sense of the contents of the cups. The ordinances in Part I. often speak
of payments to "the ale." I therefore translate "ad ciphos" by those
words here and elsewhere, when used in this sense. See p. 1 73, note f.
170 oii.n OF Tiir nrsi-nnFrTioN' of oih i.onn,
thirtcon |>oiux\ by fur 8r|mrnto |m}incnts in tlic ycnr. Aiul
wlu>cvor ia in nrrfftr hlmll pny a ]>ouiul of wax.

Lt^tiu ahftii b* Twenty runnd wax liÔiUs nliall be krpt luirnin^ round tiic
<;j rnAM^ ttu IxKiy of our Lord Iving in the sepulchre, from Kaster eve till the
time of resurrection on Easter Day, each wax light weighing a
pound and a half.
^^' ^Vhen a brother or sister dies, a hearse shall be put about

ttaHnjIii
??1iBr!!?!M!u*'^
^^^ body, with thirteen square wax li^'hts burning in four
Mj^cTcrydMd gj^^jg^ aj placebo and dirigc and mass ; and there shall be four
angels, and four banners of the Passion with a white border,
and scutcheons of the same powdered with [1 gohl]. And
adoUwrHrricw offerings shall be made; and as many masses shall be said for
btdoat.
the soul of the dead as there are brethcrcn and sistercn in the
gild.
ii*ii> to poor If any brother or sister comes to want, from whatsoever cause,
SO that it be not through his own fault, by wasting his goods in
unlawful uses, every brother and sister shall, if help is sought

from the gild, yearly pay twopence to whoever is thus im-
poverished.
oaemcbown. Every brother shall swear to keep all these ordinances.
ad not f I lug, ''
iteU i7 fln*.
Whoever is chosen Oraceman, and will not serve, shall ])ay
half a stone of wax. Whoever is chosen Warden, and will not
serve, shall pay two pounds of wax. Whoever is chosen Dean,
and will not serve, shall pay one pound of wax.
Holder* oTioaiM Whoever has in hand any goods of the gild, shall bring them
I
up
fmjymr. before the Graceman and his fellows on Easter Tuesday, under
penalty of a stone of wax.
Mm nd offerings Qu the Wednesday '
in Easter week, there shall be a mass for
'
for the dad.
those of the gild both living and dead ; and offerings shall be
made by the Graceman and Wardens.

While the bretheren and sisteren are sitting at table, the
I cannot recall, in any of these ordinances, any description of the funeral

ritca of the members of a gild so full as this. As the " hearse" here named
was a very different thing from what is now so called, I will refer the
reader to the description of the hearse given by Canon Rock in "The
Church of our Fathers," vol. ii. p. 495, &c. See also the note to the word
" Heerce " in Mr, Way's edition of the Promptorium, p. 236.
LINCOLN. 177
ordinances shall be read over, so that they may be well under- None shall be able
to excuse tliein-
stood, and that no one may, at any time, be able to say that he seues tiirougii
ignorance of the
has broken, unwittingly, any of the articles which all have ordinances.
thus heard, and to which all have bound themselves.

After dinner, four candles shall be lighted, and grace shall be Grace shall be
and past
said,
said, together with the antiphone Regina cell letare, and the members called to
Lord's Prayer; and the names of all the dead bretheren and
sisteren shall be read over, and the Be Profundis shall be said
for their souls.
If any brother or sister wishes to make pilgrimage to Rome, Pilgrims shall be

.
helped.
St. James of Galacia*, or the Holy Land, he shall forewarn the
gild j and all the bretheren and sisteren shall go with him to
the city gate, and each shall give him a halfpenny at least.
If any one dies out of Lincoln, either on the sea or beyond Deaths out of
town,
sea, the same services shall be had, on the death being known,
as if he had died in Lincoln.
If any brother or sister dies without leaving means of his own Burials of the
poor brethtren.
out of which to give him fit burial, he shall be buried, at the
cost of the gild, in the same manner as any other of the gild
would be.
No brother of the gild shall have the use of any goods or Surety for goods of
the gild.
chattels of the gild, unless he finds a good surety, who will be
answerable, in any event, for the goods.

When any brother or sister dies in Lincoln, two torches shall Torchlights before
burial.
be kept burning about the body until it has been carried into
the church. The torches shall then be put out. Afterwards, the
mass being ended, the torches shall be lighted again, and shall
be kept burning till the body is buried.
If any brother or sister rebels against any of these articles, or Punishment of
those who rebel
Will not be ruled by the Graceman and Wardens, he may be put against the giid.
out of the gild by the judgment of the bretheren. If he ought

not, in their judgment, to be thus punished, he must be cleared
in suet manner as the Dean of Lincoln thinks fit.
* So in original : but what is meant is Galicia in Spain, within which is
the famous shrine of St. James of Compostella.
12
178 OILD OF ST. MiniAEI. ON TIIK HII.I., LINCOLN.
(c) OiLD OP St. MUIIAEL ON Tin: 1 1 ILL.*
TtogMwM The gild wm founlt<l on I'2uiitr-cvc, a.d. I350.t
Oa Ik* *mth of On the death of h lri)ther or sister within tlic city, not only
- thiUlb*
shall the Dean brinj; the four wax liglits which nrc called " soul-
roTUMfild can<lel8/' and fulfil all other usual ceremonies, but the banner
riHb*lakMilo
10
of the gild shall be brought to the house of the dead, and there
oiH'nly shown, that men may kn)W that the dead was a brother
or sister of the gild ; and this banner shall be carried, with a
grtât torch burning, from the house of the dead, before the
body, to the church.
TWrt hall b On the eve of the feast of Coq)U8 Christi, and on the eve of
the day following, all tlie luetheren and sisteren shall come
AtUwiid,tlM together, as is the custom, to the gild feast. At the close of the
orAowwHAaUtw
nad odes- feast, four wax lights having been kindled, and four of the
poowfed kbd
;
tfacnaoral* tankards which are called flagons having been filled with ale,
iteU b* givw to
a clerk shall read and explain these ordinances, and afterwards
the [ale in the] flagons shall be given to the poor.
Abamtcc* may rv- If any brother or sister goes away from Lincoln for a year,
jotnUw gild on
not being on pilgrimage, and afterwards seeks to rejoin the gild,
he must pay twelve pence : if away for two years, he must pay
two shillings, unless he have grace.
TbofOdwM Whoever seeks to be received into the gild, being of the same
rank as the bretheren and sisteren who founded it, namely, of
J ..i. a. the rank of common and middling folks, shall be charged to be
faithful to the gild, and shall bear his share of its burdens. :|:
* CCCX. 271. Condition, bad. Latin.

+ The ordinances of thiw gild are among the longest, if not actual))' the
longest, tliat are found in the bundles of Returns made in 1 389 ; and they
are in many respects remarkable. As, however, tljcre are several others
from Lincoln, 1 hesitate to give the whole of these, though most interest-
ing as a very complete body of ordinances. Space will only allow me to
give a few of the more characteristic,
X The terms used in this and the next ordinance are so remarkable, that
they must be given in the original Latin, lest I should be thought to be
puttin;^ forth a democratic fiction. The words are: "Quilibet affectans
in dictim fratemitatem recipi, qui est ejusdem status fratrum et sororum
qui dictam fraternitatem primo inchoaverunt, videlicet, de statu com'
tnunum et medujcrum virorum." In the ordinance next following, the
GILD OF THE FULLERS OF LINCOLN. 179
And whereas this gild was founded by folks of common and The giid having
been founded by
^ rank,
middlinof it is ordained that no one of the rank of mayor ''
conmion and mid-
dhiig sort of folks,
or bailiff shall become a brother of the ^
ofild, unless he is found to y^""''^ â^her not
have such grand
be of humble, good, and honest conversation, and is admitted and\anift?'amone
by the choice and common assent of the bretheren and sisteren rlTetheâtt"/
of the gild. And none such shall meddle in any matter, unless ^wW forward!^'
specially summoned nor shall such a one take on himself any
j
office in the gild. He shall, on his admission, be sworn before the

bretheren and sisteren, to maintain and to keep the ordinances
of the gild. And no one shall have any claim to office in this
gild on account of the honour and dignity of his personal rank.
If any brother or
^
sister of the gild has fallen into
such an ill Help to poor bre-
^ theren shall be
state that he is unable to earn his living,
' and has not the means daily given, in
turn, by thegild-
i^retheren.
of supporting himself, he shall have, day by day, a penny from
the bretheren and sisteren of the gild, in the order in which
their names stand on the register of their admission to the gild ;
each brother or sister giving the penny, in turn, out of his own
means.
{d) Gild of the Fullers of Lincoln.*
The gild was founded on the Sunday before the feast of the Thegikiwas
_ ''
begun A.D. 1297.
apostles Philip and James, A.D. 1297, by all the bretheren and
sisteren of the fullers in Lincoln.
A wax light shall be kept burning before the Holy Cross, on a wax light shall
^^ burnt.
. .
the days when they go in procession in honour of the holy cross.
words are: "Quod cum fraternitas predicta fuit a principio ejusdem

ordinata et incepta ex viris communibus et mediocribus," therefore they
are jealous of receiving such great people as mayors and bailiffs.
* GCCX. 72. Condition, good. Latin. This Gild of the Fullers, and the
two that follow, are given here as examples of gilds which were neither
wholly social gilds nor wholly craft-gilds. They clearly did not consider
themselves to come within the terms of the writ for Returns fi-om craft-gilds
(see before, p. 130). The ordinances are not indeed such as the true craft-
gilds usually made. In each of the three cases, only two or three of the
ordinances have anything to do with the members of the gild as craftsmen.
But those two or three are found in each. These gilds are thus worth
attention, as a sort of cross between the social gild and the craft-gild.
Examples of the ordinances of true craft-gilds will be found under the
heads of Worcester, Bristol, and Exeter: Heading must stand by itself.
180 01 LD OP TICK FILLERS OF I tVfOLN.
None of the cnift nlmll work [i.e. full cloth hy treading it with
(lelM oMd. the feet] in the trough ; nn<l none shall work at the woiulen har
with a woman, unlriw with the wife of n manter or her handmaid.*

None of thmi shall work after dinner on Saturdays, nor on
any days whiih they ouj^lit to keep as festivals according to
the law of the church.

If a stranger to the eity comes in, he may, upon giving
WHkiadM trad*
Midaga a penny to the wax, wrk among the hrcthcrcn and sistcrcn,
paywBi.
and his name shall be written on their roll.
A p^yBMal thail If any one wishes to Irani the craft, no one shall teach it
:lhtr*d.
to him until he has given twopence to the wax.
KotMafiteBtta; If any of the brotherhood is justly charged with theft, to the
lathaiBd.
value of a penny, he shall be put out of the comjjany.
Oatertlioraiiy, When any of the bretheren or sistcren dies, the rest shall
braad Aan b
glwH to tba poor. give a halfpenny each, to buy bread to be given to the poor,
for the soul's sake of the dead.
Aayoaafolagto If any brother or sister is going on a i)ilgrimage to S**. Peter
BaaaAalba
lMlpad.ifbiUit and Paul, if it is a Sunday or other festival day, all the
B a holiday.
bretheren and sisteren shall go in company with him outside
the city as far as the Queen's Cross, and each shall give him
a halfpenny or more ; and when he comes back, if, as before
said, it is a Sunday or other festival day, and he has let them

know^ of his coming, all the bretheren and sistcrcn shall meet
at the same cross, and go with him to the monastery.

Tmmhj for not
Any one not keeping any of these ordinances, shall pay half
kaapfaig the
a pound of wax. [But see a later ordinance, on p. 182.]
The original of this ordiuance i.s, "Item providetur inter eos quod
nulluseoruin laboret in alveo. Et quod nullus ejusdem officii ad perticam
cum rauliere lahoret, nisi cum uxore raagistri vel ancilla sua commensali."
The fuller's work seems at this time to have risen to beating the newly-
made cloth, lying in a trough, with b.ars or poles [^pertica]. Earlier than
this, and even later in some places, the fulling was done by trampling the
cloth with the feet. Itwas called "cloth-walking." A Worcester gild
aeems to have been hence called the Gild of " Weavers, Walkers, and
Clothiers." The foregoing prohibition stops the workman from thus
" cloth-walking " in the trough. But why is he not to work at the bar (to
strike the cloth) in company witli an ordinary woman, while he may do
so with a master's wife or her handmaid ?
;
GILD OF THE FULLERS OF LINCOLN. 181
If any one by mishap comes to want, and asks help from the iieip shaii be given
to those iu waut.
gild, sixpence a year shall be advanced to him out of the goods
of the gild, for three years. When he gets in better case, he

shall, if he can, repay the money advanced to him ; but if he But the moiry
must be repaid, be-
cannot, then the debt shall be repaid to the gild out of what is fore death or after,
collected [after his death] for his soul's sake, and what remains
shall be faithfully applied for his soul's sake.*
When any brother or sister dies, the Dean shall put four wax Lights and offer.
ingsou death.
lights round the body ; and the Graceman shall offer a penny for
a mass, and the Warden a halfpenny, out of the goods of the gild.
If any
"
one is in arrear in the halfpence
^
due for the soul, he Penalty for
arrears.
shall pay half a pound of wax to the gild.
In witness whereof, and to have the greater proof thereof in witness by the
seal of the Deanery
time to come, the ofiBcial seal of the Deanery of Christianity at o^ Lincoln.
Lincoln has, at the special request of the bretheren and sisteren

of this gild, been put hereto. Given at Lincoln, on the Nones ,
of September, a.d. I337.t
Farther, it is ordained that the Graceman and the two Wardens New ordinances.
srild shall each of

of the them have, '
at the feast of the gild,

two Allowances of ale
' to officers.
gallons of ale, and the Dean one gallon.
The Dean " the soul -pennies

shall have, for collecting from the Allowance for coi-
lecting moneys,
bretheren, on the first day, ij.cZ. out of the goods of the gild
but not on any day afterwards.
* I have already said that I consider the sixpence a year to be a

copyist's mistake for six shillings (see before, p. 173).
It is remarkable
that, while this ordinance, and two others below, assume that soul-pence
will be paid by the bretheren, there is not (as is usual) any ordinance
directly requiring anything to be thus paid towards masses for the dead.
Did the copyist accidentally pass it over? A former ordinance requires
payments to be made towards buying bread for the poor; but these,
however praiseworthy, were not oflfe rings towards masses to be said for
the soul.
+ The gild was begun, as the first clause shows, in 1297. The foregoing
ordinances give us, therefore, an example of the practice of reviewing the
ordinances from time to time. What follows shows that this was done
more than once in the case of the present gild. See instances of the same
thing before, pp. 57, 139, 161 and after, in the cases of Stamford, Ludlow,
;
Stratford-upon-Avon, Cambridge, &c.

182 OII.I) OK TIIK TAILOK.S OK LINCOLN.
WhooTcr is chosen fimcomnn, nml will not Rcn*o, Kliall pay

ilAUto iiij. p<iumlii of wax ; whoever is chosen Wanlon, and will not
sen'C, Rhiill pay two pountU of wax ; and wlioever is chosen
Dean, and will n>t Kcrve, shall pay one pound of wax.
Every new brother nhall pay to the Dean a penny.
Whoever fails in anpht touchinjj these ordinances, slmll pay a
pound of wax. [See the earlier ordinance, at foot of p. 180]
(f) OiLD OK Tin: Tailors of Lin'coln.*
The t,nld was founded A.D. 1328.

tagfi A.D. 1SS9.
A All the hrcthercn and sistercn shall go in procession on the
bthadawy
jmr. feast of Coqnis Christi.
niJVMBlS OB No one shall enter the gild, as whole brother, until he has
paid for his entry a quarter of barley, which must be paid
between Michaelmas and Christmas. And if it is not then paid,
he shall pay the price of the best malt, as sold in Lincoln
market on Midsummer-day. And each shall pay x'lj.d. to the ale.f
Help to tbt poor. If any one of the gild falls into poverty (which God forbid), and
has not the means of support, he shall have, every week during
his life, scvenpence out of the goods of the gild ; out of which
he must discharge such payments as become due to the gild.
Bortaliortlw If any one dies within the city, without leaving the means for
poordring within
the cily. burial, the gild shall find the means, according to the rank of
him who is dead.
POglilUi^B to If any one Welshes to make pilgrimage to the Holy Land of

Jralni,
Ht. Jamn'B, or Jerusalem, each brother and sister shall give him a penny ; and
Rome.
if to St. James's or Rome, a halfpenny ; and they shall go with
him outside the gates of the city of Lincoln ; and, on his return,
they shall meet him and go with him to his mother church.
ifiorttMM If a brother or sister dies outside the city, on pilgrimage or
MagovMSetbe
elsewhere, and the bretheren are assured of his death, they shall
do for his soul what would have been done if he had died in his
own parish.
CCCX. 1 70. Condition, fair. Latin.

f " Pro ciphis" in the original. See the note f to p. 175.
GILD OF THE TAILORS OF LINCOLN. 183
"When one of the gild dies, he shall, according to his means, Bequests shall be
made by the
bequeath y.s. or xl.d., or what he will, to the gild. bretheren.
Every brother and sister coming into the gild shall pay to the ^^ to tiie chap-
lain.
chaplain as the others do.

There shall be four mornspeeches held in every year, to take There siiaii be four
general meetings
order for the welfare of the gild : and whoever heeds not his every year,
summons, shall pay two pounds of wax.

If any master
^
the gild takes any one to live with Payment shall be
[tailor! of
-^ *'
\ ^
made to the gild _
him as an apprentice, in order to learn the work of the tailor's when any master
tailor takes an
craft, the apprentice shall pay two shillings to the gild, or his apprentice.
master for him, or else the master shall lose his gildship.
If any quarrel or strife arises between any bretheren or sisteren The giid shall
arrange such
ffild (which
of the o God forbid),
/^
the bretheren and sisteren shall,' quarrels as can be
\ settled without
with the advice of the Graceman and Wardens, do their best to ^s^ proceedings.
make peace between the parties, provided that the case is such
as can be thus settled without a breach of the law. And who- whoever win not
abide by the judg-
ever will not obey
J the iuderment of the bretheren, shall lose his ênt of the giid
o
gildship, unless he thinks better of
"f
...
shall be put out.
within three days, and then
it
he shall pay a stone of wax, unless he have grace.

On feast days,
''
the bretheren and sisteren shall have three flagons

O" feast-days, aie
shall be given to
and six tankards, with prayers ; and the ale in the flagons shall be **^^ p^*^^'-
given to the poor who most need it. After the feast, a mass shall
be said and off*erings made for the souls of those who are dead.
Four wax lights shall be put round the body of any dead Burial rites,
brother or sister, until burial, and the usual services and oSer-
infjs shall follow.
If any master of the craft keeps any lad or sewer of another if one master
knowingly takes a
master for one day after he has well known that the lad wrongly sewer who has
wrongly left an-
left his master, and that they had not parted
^
in a friendly and
^ '
other master, he
shall be fined.
reasonable manner, he shall pay a stone of wax.
If any master of the craft employs any lad as a sewer, that Paj-ment shall be
made for every
sewer shall pay \'].d., or his master for him. sewer employed
by a master.
Each brother and sister of the gild shall every year give j.c?. Adoieshaiibe
for charity, when the Dean of the gild demands it and it shall every'iio?heT aifd
^ 1 A
be given in the place where the giver thinks
1 ! ^ ' -I

it

is
;
most needed,
11 sister, for distri-
bution in charity,
together with a pottle of ale from the ale store of the gild.
;
IHI OILD OK TIIK TYLKRS OK LINCOLN.
Officrrs choAcn, and not gcrviu^, hIuiH pny fines.
In witncRB whereof, ami at the sinrial request of the phi. the

teal of the Deaner)* of Cliristianity nt Lincohi \h hereto put
WtMMlBi Writteu at Lineoln in very p*eut ha-ste.*
Here emhs the roll of the Gild of the Tailors of Lincoln.
GMÔrtlMffld. Tlic hretheren have no lands nor tenements, in mortmain or

othenvise, nor any chattels of the ^'ild except for fulfilling what
has l>een set forth ; nor do they hold any feasts, save those before
named for cherishing love and charity among themselves.f
(/) Gild of the Tylers of Lincoln.J
The gild of the Tylers of Lincoln, commonly called " Poyn-

tour8," was founded A-D. 1346.
Every incomer shall make himself known to the Graceman,
but must be admitted by the common consent of the gild,
and be sworn to keep the ordinances. And each shall give a

quarter of barley, and pay ij.c/. to the ale, and yd. to the Dean.
Four " saulecandels " shall be found, and used in the burial
services.
FMMteknd A feast shall be held on the festival of Corpus Christi ; and, on

pt aj ffi and &1
.
for the poor. each day of the feast, they shall have three flagons, and four or
six tankards ; and ale shall be given to the poor ; and prayers
shall be said over the flagons.
Blip to pl%rim>. Pilgrims shall be helped.
* The ori^înal of this very curious photograph of a minute in January,

1389, is not in Latin, like the rest, but in the old French: *^
Ei^cripl a
Nicol en tr*fjraunt host."
t This paragraph is written in another hand.
X CCCX. 60. Condition, fair. Latin.
The phrase of the original is,
"tegulatores Lincolnie qui poyntours
vulgariter nuncupantur." "To point" and " pointing " [e. g. a wall] are
Biill used.
II
The original of this ordinance ia worth recording :
" Item ordinatum
est, quod onmes fratres et sororea simul potabunt in festo corporiB christi
et quoliVx;t die, dum bibunt, habebunt tres fullos, cum quatuor ciphis vel
cum sex ; et ilia cerevisia dabitur pauperibus, intuitu caritatis, secundum
dispositioncm Gracemanni et Custodum dicte gilde ; et habebunt tres
orationes cum tribus fullia, unius presbiteri sive clerici."
GILD OF KYLLYNGHOLMj LINCOLNSHIRE. 185
Burials shall be provided for, by the Graceman, the two Bumis.
Wardens, and the Dean.

One brother shall
' ^ underhanded and with
If any brother does anythino: '
ill-will,
not unfairly
''^
by which another will be wronged in working his craft, he shall
Saft*lwo^k of
another.
pay to the gild a pound of wax, without any room for grace.
No tyler
'
nor "poyntour"
'
shall stay
'
in the city,
" unless he ah men of this
craft in Lincoln,
enters the gild. shall join this giid.
[There are many returns from other parts of Lincolnshire. The

following will serve as a good example of those from places
of lesser importance.]
{y) Gild of Kyllyngholm, Lincolnshire.*
An ordinance was made by the bretheren and sisteren of the The gild was
begun before a.d.
ffild, on the Monday next after the Purification, a.d. 1310, that
1310, when these

ordinances were
if a brother or a sister dies, four bretheren shall offer a penny, "âde.
and each sister shall give a halfpenny loaf. death.
If a brother or a sister is unlucky enouo-h to lose a beast if one losesa beast,

*' the others shall
'^-
worth half a mark, every brother and every sister shall give a ^^'p
halfpenny towards getting another beast.

If the house of any brother or sister is burnt by mishap, if one's house
isburnt, the
every brother and every sister shall give a halfpenny towards a others shaii help
new house.
Moreover, if the house of any brother or sister is broken into if one is robbed,
the others shall
by robbers, and goods carried off worth half a mark, every help him.
brother and every sister shall give a halfpenny to help him.

If any brother or any sister has a friend at his house, for if one has a
guest, and he oan-
love of whom he does not wish to "
sro to the crild
o and if there ;
""* ^"y ^le, he
-> shallhave a gallon
is no retail tavern in the soke where he dwells ^ he may send ;
pf the gild's best
'
brewnig.
for a gallon of the best ale to the Bailiff of the gild ; and the
Bailiff shall give it to him. But if it is found by his bretheren But the giw win
not allow any
that he had no guest, but stayed at home through idleness, he t^cks.
shall be in the " Gildwyt " of half a bushel of barley.f
*.CCCX. 161. Condition, good. Old French.

+ Among some curious ordinances of a Grimsby gikl, quoted for other
purposes in the Introduction, the open-handedness of the gild is shown in
1H6 QILD OF kVI I.YVfJIIOLM, LIXC0LN8HIRR.
If ftny brother or nny HJHtcr is chosen to )h' Provost for A

year, ly the four Provosts of tlie past year, nnd will not servo,
he muBt be in the 'OiUlwyt" of half n bushel of barley, and
be quit as soon as the others have been chosen.
an ordinance, declnring that any brother who has money of the gild in hin
may brinp a Î'st to the îldfrnHts, provided tliat the gueHt bo a
able pcrnon, an<l that he and his friend come in goo<l time. If they
re after "prime," they will get no ale. The old ordinances of the gihl of
Stratford-upon-Avon, which will be found on a Inter page, also show that,
upon proper intnvluction, guesta not belonging to the gild were made
welcome at the gild -feasts.
187
VIII.
STAMFORD.
Gild of St. Katherine.*
Constituciones Gilde Sê Katerine Ville Stam- Tiiese ordinances

Stamford.
^^ ^ were establLslied
'*-o-i'^94.
ford, edite et stabilite in parochia S*i Pauli ibidem, anno
Domini millesimo quatercentesimo nonagesimo quarto, et anno
Eegni Regis Henrici septimi post conquestum Anglie decimo.
Acta Gilde.
' JO
Thies ben the ordinaunces, Actes, and Statutes,
made, and of auncient tyme assi^fned and ordeyned, by the
fFounders of the Gylde of the holye and blyssed
-^ ' -^
Yyrgyne and
These ordinances,
made in old time,
were re-affimied
in the year above
written,
martyr Seynt Katryn, in Stamford ; nowe renewed, and affermed

and confermed, by the assente and consente and agrement off all
the Bredern off the same gilde, in the yere aboue wreten.
Be ffundacione.
**^
ffirst,' in the name,' hono^,J and glorye
& J off the "^'i foundation of
tlie gild, whicli IS
Blyssed Trjnyte, and of the gloryouse Virgyn and moder oure ^^ ^^'^^^ ^^^ ^''^^
Lady Seynt marye, and all the company e of heuen, and in espe-
* I am indebted to the personal hand of the Librarian of Gonville and

Caius College, Cambridge, for a copy of the very interesting ordinances
here printed. There is every reason to believe that, among MS.
the
treasures in the Libraries of Oxford and Cambridge, there lie hidden many
original ordinances of old gilds. What now follows, and some others which
I have been enabled to give in later pages, will, I hope, arouse those who
have the immediate opportunity, to make search for such interesting relics
of the life of our forefathers.

188 GILD OP ST. KATIIEUIXE,
ciftU of Uic MwmmhI corecynt ninl lioly Virjxyno nnd >rnrt5r Soynt
Katcr}-n, in the C'lm|K'll ouor the imrissh C'liiirche (hirrc of Seyiit
Poules in Stainfunl, it in 8ette, fToundetl, onleyned, nnd alo
8tal)l)'K8hcil, a GiKle off the liolyc Vir;jyne and martyr Seynt
Kator>'n, which slmll neiicr fTnmi tliat Chajile ho alyeiu-d, neihnio
awave frome thens in noo manner wise, but cucr there to abyde,
endure, and be maynteyned withoutc endc.
De annuo servicio. Item, it is ordeyned and assigned and also

tk* brHlMran, oo that the Aldennan of tlic seid Gilde shalbc at Seynt
inactetl,
ft. KAllwriw't
.ajid on 8i. on Seynt
Kater}-n-is Chapell aforeseid. w^ all his Bredern,
lUllMVlM^^.
Katrj-n-is euen, at euensong; and on y daie, at Mateyns, masse,
and later euensonge, holye to-gcdre. And noo man then be
absent w*-outea resonablc and sufficiaunt excuse, vppon paync of

cuery Broder absente a li. of wax, to be paied to the Gilde. And
that the Stuarde off the Gilde for the tyme beyng shall truly
countrolle them y* ben absente; and, at the next t^-me off assemble,
to presente the names of the}Tn and eucry of the}TU so absente
vppoun the same i)e}iie.
All h*ii inert In J)e (ulmissiojic Jfratrum et aoronim. Item, it is ordeyned that
K**^' when the said ffirst euensong is doone, the Aldennan and his
Bredern shall assemble in their Halle, and dryncke ; and there
haue a curteys Communycacion for the weele of the seid Gilde.
And then shal be called forth all thoo that shal be admytted
and the Aideraon Bredem or Sustem off the Gilde; and the Alderman shall ex-
flball aak every
'M to amjTie the}Tii in this wise :
" Sir, or Syre, be ye willyng to be
htowUlinfnew.
Bredem among us in this Gilde, and will desire and axe it in
the Worshippe off Allmyghty god, our blissed lady Seynt marye,
and of the holye Virgyn and Mart}T Seynt Katcryn, in whoos
name this Gilde is ffounded, and in the wey of Charyte ?" And
by their owne "Wille they shall answer, " ye," or " naye." Then
the Alderman shall commaunde the Gierke to gyff this othe to
them in fforme and manner folowyng :

Kew^comen iiaii De ffidelitate facicTida. "This here ye, Alderman: I shall
; ;
STAMFORD. 189
trewe man be to god almighty, to oure lady Seynt mary, and to take an oatii of
fealty to God,
that holy Virgyn and martir Seynt Kateryn, in whos honoure saints Mary and
_ ^ _ ^
Katherine, and
and worshippe this Gilde is ffounded ; and shal be obedyent to "'^ gud
the Alderman of this Gilde, and to his successoures, and come

to hym and to his Bredern whan I haue warnyng, and not
absente my-selfFe withoute cause resonable. I shalbe redy at and shall also
swear to pay scot
scott and lotte, and all my duties truly pay and doo ; the ordyn- and bear lot ;
and
auncis, constituciouns, and rules,' w* the Councell off the ordinances of the
' '
same Gilde, ' gild.
kepe, obeye, and performe, and to my power maynteyn, to my

lyuys ende ; so helpe me god and holydome, and by this boke : "
And then kys the Boke, and be louynglye receyued w*' all the Then they shall be
lovingly received
Bredern :
'
and then drynke aboute '
;
^
and,' affter that, departe
r for d"nk a bout ; and
> so go home.
that nyghte.
De maneloquio. Item, it is ordeyned and stablyshed for euer, ^'JI^^'"?^'^"

that euery yere, on Seynt Leonardes daye, or ells the Sonday ^|J
^
oMhe"next^
next affter, the Aldermann and his Brederne shall assemble and w^tff^he affair of
*^ ^^^^'
mete in the Chapell of Seynt Katryn, at oone affter noone, and
there haue their yerelye speche, and prouyde and ordeyn for the
worshippe, profite, and all thynges necessarye at that tyme for the-
welfare off the same Gildye ; at which tyme noo Broder shalbe
absente wôute a lawffull excuse, vppoun payn oQ].li. off wax.
De generali convivio. Also it is ordeyned, that vpoun the Son- There shall be a
grand dinner in
day next affter Seynt Kateryne-is day most commenly to be hadde, t'le giid haii once
the seid Alderman and his Brederne and Susters shall come to
their Gilde-Halle togedre, when the more Belle at Bowles Chirch
is knelled ; and theyr dyne togedre, and take such as shall
be there prouyded by the Stuarde off the Gilde ffor the tyme
beyng. Att the which dyner, a man and his Wyff shall pay iiij.c?.,
and eny other single persone, both preste, man, and woman,
shall paye ij.c?. And what persone be absente ffrom the seyd
dyner, w*oute a resonable excuse, shall paie a U. wax, and for
his dyner besyde, yff he hadde lawffull warnyng to be ther.
De compoto fadendo. Also it is ordeyned, that anone, affter Anon.afterdinner,

190 r.ii.n OF st. katiikkink,
the lyncr is doonc, euery oUlc officer hIiuII come ynnc Wfore
the AMcnnou ttiui the Clcrke, aiul tlier innke u ilcwc accompt
afore theym all prc^ciitc, curry oflkcr of hiuh uh |ertcynctli
to his ofTu'e ; ami noon ofluir ahscntc liym-sclir, vj)ioun jmyne

offj./i. wax, to be paidd w'outc purdoim.
De ojfficio lion rclinquendo. Also it is onkyned, that noo

ii
~U Broder of this Gilde shall refuse, at any tyme, any Office j)cr-
Ikv do MM Mnrv.
teyning to the scid Gilde, whan he is chosene therto vppoun the
ffet daye which is the clcccion daye, vppuun payn of j./<.
wax.
Mtbc De aiiinUHioie frotnnn. Also it is ordcyned, that noo mann

mwmkm ne jjersoun shalbe admitted unto this Gilde but if a bee foundc
mAMj. of goode name and fame, of good conuersacon, and honeste in
his demeano'", and of goode rule ; and shall paic for his entry
into the Gilde \'\.s. \\\'yd., to be paidd in iiij. yere affter theffirst
[lo Um
vstai k yere, euery yere xx.t/.; and every yere after the ffirst yere, to paye
written, to bil4r
L&iKi. iiM word
*
for the mayntenyngoff the wax and lights, iiij.c/. a mann and his
' W" Aoto *3
Wyff, and every soole person, preeste and other, VyJ.
Pmii of bdit abaii De (jenerali obit. Also it is ordcyned, that the same daye
banngatMid
Iter tiK prmyen whan the gcncrall ffeste is holden, at affter noone, in the seid
for the wmU nf the
d<ttd:andUie clurch off Scvnt Poulcs, shalbc doone and said a 'placebo and
"^ '
i1im rinll have
bnMl dMCM, aod dirige for all the sowles of the Brederu and Susters that ben
paste in this Gilde ; and ther to ryng iij. peeles ; w^ masse of

Requiem on the next morowe, w* as many peeles. Att the which
masse, the Alderman off the Gilde, or his depute, shall offre ij.c/.
And at the said dirige, the Stuarde off the Gilde shall see that
they that seye the seid dirige shalhaue brede, chese, and ih-yncke;
and the ryngcrs also : and he shall gyff the Clcrke, for his rynging,
ij.J. ; and the Bellmaun, for goyng aboutc the toun, j.cZ., and
brede, chese, and dryucke.
fienrieesand De specicUi obit. Also it IS ordcyned, that when any Broder or

death of giJdsmen. Sustcr of this Gilde is dcccssed oute off this worlde, then, withyu
STAMFORD. |91
the XXX. dayes of that Broder or Suster, in the Chirch of Seynt

Poules, ye Steward of this Gilde shall doo Rynge for hym, and do
to say a placebo and dirige, w* a masse on ye morowe of Requiem,
as ye commoun use is. Att the which masse, the Alderman of
ye Gilde, or his depute, shall ofFre
ij.d for the same soule ; and to
ye Gierke, for Rynging, ij.d. ; and
to the Belman, for goyng aboute
ye Towr *, j.d The seid dirige to be holden on ye fFryday and it * {sic.)
may be, and the masse on the morowe. All this to be doon on
ye Coste and charge of the seid
Gylde.

Note. This is one of the cases in which the internal evidence
shows that the substance of the ordinances is older than the date
given. At the outset they are spoken of as " ordinaunces, actes, and
statutes, made, and of ancient tyme assigned and ordeyned, by the

ffounders of the gylde," and as being " novve renewed and affermed."
The original ordinances were probably in Latin; and I have no doubt
that what we here have, are the early translation of a lost original,
with some later additions and alterations.
Two things are of special interest in these ordinances. One of these
is the speech of the Alderman to new-comers, with the oath of fealty
that follows. The latter carries the student of English history back
to the twelfth century. It belongs to the time, often so much distorted
in what passes by the much abused name of " History," when men
entered into mutual bonds together, neither of them thinking of sacri-
ficing his own independence, but each aware that the bond was one
for mutual help. The spirit of this will best be shown by quoting the
words of the elder Glanville; who, writing in the time of Henry H.,
says :
" Mutua quidera debet esse dominii et homagii fidelitatis con-
nexio; ita quod, quantum homo debet domino ex homagio, tantum
illi debet dominus ex dominio, preeter solam reverentiam."*
The other thing which is of special, if indeed it is not of unique,
two of them ; both
interest in these ordinances, is contained in the last
of which order ringing, and the former of them the ringing of " peeles,"
in memory of the dead. This does not mean, in either case, what is
* Glanville, De Legibus, lib. ix. cap. 4. Odd mistakes have been made,
through some, even well informed, writers not being aware that there were
two Glanvilles, both lawyers, and both of high authority. The elder was
Chief Justiciary in the time of Henry the Second. The later prepared
some most valuable and interesting Reports of Cases examined and adjudged
on by the " Committee of Privileges and Elections " (H, of C), of which he
was Chairman, in 21 and 22 James I., as to the Common Law rights of Par-
liamentary franchise, &c. This work ought to be better known than it is.
192 BULL-ttiNXixo IN sTAMroiin.
knotmas ihe " Passinii Bell.** 1 have nol met willi any Ruch order or
cufttum in ihc ordinanoi's of any other kIUI of so early a dale. After
ihe RcXormation. |>cal of hells soincliineH look the place of the ohits
and other scr\'ices hy whicli hrclheren and hencfactors were, in the
older time, kept hcfore tlie îld in hallowed memory. Illustrations of
commemoration hy the rinînj? of " peals," will he found on a later

pi^r, in the ordinances of the gild of Ringers of Bristol.*
The former of the two parts of these ordinances thus specially
named, I helicve to he of very much older date than the a.d. 1494 of
the preamhle ; while the clauses as to the '*
i)eele8," " the ringers,"
and doo rynge for hym," seem to have been added not far from
**
when, perhaps when, these ordinances, " of aunticnt tyme assigned and
ordeyned," were " renewed and alfcrmed " in that year. Attention has
been several times called to a state of things nearly like that here found,
in ordinances recorded as in use by a gild at a given time. For the

study of the ordinances of the old gilds to be historically true, and
must never be lost sight of, that all parts of
really instructive, the fact
them were not necessarily, and often can be shown not to have been,
made at the same time, still less at the date found recorded on the MS.
itself. But they must have been of that date, or earlier.
Bull-running in Stamford.
[Amonpj the Returns made from gilds in 1389, there are four
from Stamford. But the ordinances contained in all these arc

Fhort, and of very much less interest than those of the Gild of
St. Katherine, A part of one of them is, however, worth put-
Th*r.ndof St. ting on record. In tlie Return made by the Gild of St. Martin,
Martin lia* evenr . . , r- o -tr
yera bull; huf.u it IS Stated that, on the feast of St. Martin (nth November),
It; ielUit; and
titenfeatu. this
i-mii
giiu, by custom
i i
beyonu reach
iimemory, has a bull;
01
i
which bull is hunted [not baite(f\ by dogs, and then sold where- ;
upon the brctheren and sisteren sit down to feast. Some light
is thrown on this strange custom by what is said in Strutt's
"Sports and Pastimes" (Book III. eh. 7, xvii.), as to " Bull-
Z}*!**'^.^''^ running
n at Stamford." This gild
n is not there named };
but the
of the gild waa
kept up in the dav, and thc description of the bull-running, seem to show that
aeventeenth
\ .
emourj. what was kept up in 1646 was the relic of what was stated, in
1389, to have been the custom of this gild from time beyond
reach of memory.]
In the Promptorium Par^'ulorum, we find " A-pele of belle ryngynge

(a pele of bellis)." See Mr. Way's edition, p. 13.
t
193
IX.
LUDLOW.
Gild of the Palmers.*
rphe names are given of twenty-seven men, described as The founders, and
J- Burgesses of Ludlow, who appear to have founded and en- heid'a meetLg, in
dowed this gild. It is then stated that a number of men and

women, who seem to have since joined the gild, met in the
church of St. Lawrence, on the morrow of Pentecost, a.d. 1284,

and agreed that the gild should be called the " Gild of the They agreed on a
Ti
Palmers. It was also
1111
11then ordered 11-
that three chaplains should
name provided ;
for services
made these or-
; and
celebrate three services ; one for the living, another for the finances.
dead, and the third in honour of the Holy Cross. It was after-
wards (as a distinct thing) agreed that the following should be

the ordinances of the gild :

When it happens that any of the bretheren or sisteren of the Help shall be
given in case of
gild shall have been brought to such want, through theft, fire, theft, fire, ship-
.
wreck, &c.
shipwreck, fall of a house, or any other mishap, that they have
not enough to live on ; then once, twice, and thrice, but not a
fourth time, as much help shall be given to them, out of the
goods of the gild, as the Rector and Stewards, having regard to
the deserts of each, and to the means of the gild, shall order ; so To be one of tins
gild, shall he aa
that whoever bears the name of this gild, shall be up-raised assurance of help
in trouble.
again, through the ordinances, goods, and help of his bretheren.
If it befall that any brother or sister be cast into prison within if man or goods
are wrongfully
the kingdom of England, or that a man or his goods be in any taken, no pains
* CCCVIII. 136, 137. Condition, very bad. Latin.
+ See the note to the last clause of this Return.

13
10* GILD OF THE PALMERS,
ikaahtn<miwit9 w%j unrightly iteirAM (which Otx! forhitl), our Rector nnd
Stoiranl8 Hhull. witlmut <l<'hiy, uhc every ineanH in their power to
pet him ami his pM)ls friHMl. This they glial) do at his own cost,
Jkd at lh cnt of if he can Uâr the charjê ; hut, if he has not en<)ii;;h, the common
fund of the Îd shall he taken in aid, ho as to enahlc thini
faithfully and happily to do what ought to be done under this
onlinanc^
If any of our poorer hrethcren or sisteren fall into jêvou8
MiB,halâlMJIlM
ghwifllMU sickness, they shall be helped, both as to their bodily needs and
other wants, out of the common fund of the gild, until their
Id mm of Incttr- health is renewed as it was before. But if any one becomes a

hi* dixmler. hWp
ahall b* bvhi wtdi leper, or blind, or maimed in limb, or smitten with any other
MB (ma Had.
incurable disorder (which God forbid), we wish that the goods
of the gild shall be largely bestowed on him.
DowTieariian h If any good girl of the gild, of marriageable age, cannot have
gtvM to flfk aboat
ItlMr to BMfry or the means found by her father, either to go into a religious house
to fo loto iU*
or to marry, whichever she wishes to do ; friendly and right help
shall be given her, out of our means and our common chest,
towards enabling: her to do whichever of the two she wishes.

Scnicet for Um Services for the dead shall be duly attended by all the brethcren
daadthaJlb*
llooded. and sisteren.
No gtioft nor If any man wishes, as is common, to keep night-watches with

prit allowed to
be called up the dead, this will be allowed, on the condition that he neither
-ni^tiU in Lud.
low. calls up ghosts, nor makes any mockeries of the body or its good
Sadi thiiigr* are a name, nor does any other scandal of the kind ; lest, by such
cmndal to Uie
C3nreb scandals, the discipline of the church may be brought into con-
tempt, and the great judge may be provoked to heavier ven-
geance, who ought rather, by reason of the sins of the people, to
Women Khali not be asked for love and mercy. And never shall any woman,
keeji niiftit-
watcbea. unless of the household of the dead, keep such a night-watch.*
* The beginning of this ordinance will hardly be thought true unless

the original is given. This is as follows: "Si vero masculus quisquam
voluerit, ut est moris, ejusdem defuncti vel defuncte noctumis vigiliis
intcresse, hoc fieri pennittatur, dumtamen nee monstra larvarum in-

ducere, nee corfjoris vel fame sue ludibria, nee ludos alios inhonestos,
presumat aliqualiter attemptare." These remarkable words imply two
things; ^rst, that ghosts and other sprites can be called up after death ;

LUDLOW. 195
Five or seven men of the gild shall, every year, choose a Tiie rector and
stewards of the
Rector and Stewards of the gild, who shall manaeê
its affairs.
sM ^^lall be
chosen by picked
The common seal of the gild is put to these ordinances. ^"-
The common seal
Which ordinances, and also divers rents in Ludlow, granted Endowments

. ^
made before a.d.
before the passing of the statute as to not putting lands or tene- 1279, conhrmed,
ments into mortmain,* the Lord Edward, lately king of England,

grandfather of the now king, confirmed by his letters patent.
Then follow copies of (i) Letters Patent, dated at Kenylworth, *^

Letters Patent,
^ ' copies of which
November 1 7,
1^ o E. IIL,} confirming?
3 o all that the ffild
to
has done, and J
are given on the
return.
speaking of it as a gild of old time, and recognizing its common
seal; (2) Letters Patent, dated at Kenylworth, November 18,
3 E. III., giving license in mortmain for lands to the amount of

20 a year ; (3) Letters Patent, dated at Westminster, June 20,
18 E. III., giving a further license in mortmain ; (4) Letters
second, that this may be hindered by the strength of human law, which
this gild-ordinance, in so far, of course has. Those familiar with our Old
Northern literature, will be well aware how often the forms of the dead
were believed to be seen on earth again. And there is an instance, in the
old Sagas, where not only did shade after shade revisit the pale glimpses
of the moon, to the long and fearful disquiet of a neighbourhood, but where
their often-comings could only be stopped by formal process at law by ;
the use of which they were, however, at last driven away. The strange
tale of what once befel at Froda in Iceland, will be found in the Eyrhyggia-
Saga, cap. 53- 56 (ed. Havnia, 1787, pp. 270-280). [Sir Walter Scott
gave an abstract of this Saga at the end of Weber and Jamieson's Illus-
trations of Northern Antiquities (1814).] The date of that Saga is not
more than about twenty years (1264) earlier than that of this Ordinance
(1284). Far apart as are Iceland and Ludlow, I know of nothing so
closely illustrative of the above ordinance as is the strange tale thus told
in the yrbyggia-Saga.
* This statute was the ''Statute of Mortmain," passed 7 Edward I., A.D.
1279. The foregoing ordinances were made in 1284. It follows, that the
foundation and endowment of the gild were some years older ; and that
these ordinances, though themselves of such high antiquity, were a revisal
of still earlier ordinances. The Letters Patent of 3 Edward III. show that
this was so, for they speak of the gild as existing "ab antiquo." The open-
ing clause of this Return itself gild was one that had then
shows that the
already much increased ; for, afternaming the founders, it is added :
"Vo'catis, ad hoc, viris et mulieribus qui dejure fuerant evocandi." The

gild probably was only called by a saint's name before 1284, as the
order was then made that it should be called the " Gild of the Palmers."
] .
196 OlhD OF TIIK lAl MKIIS,
Patent, i\nU^\ nt Wcstininstor, April 20, 31 I! III., L,Mvinj]j a

furthor lircii'io in ntortnmin ; anil (5) Lctten* Patent, tltttiMJ at
Wftmin8tor, Fclnnry 6, i II. I!., reciting thcytrai of the Letters
Piteut here nanuil, and conliriuing thcin.
[Tho forcjjoin^ ordinnnccs were jiut into this shapo more

than two hnmlreil and fifty years before the time of the ini<|ui-
tous pinnder of Kni^lish ;;ilds in the reif^n of Edward VI. and ;
it has been already seen that the gilds often made, from time to
time, additions to their ordinances, so as to enlarge their own use-
fulness. It will therefore be interesting to add here the state-
ment made, as to this old Gild of the Palmers of Ludlow, by the
Commissioners who were appointed a.d. 1546, to report upon
the gilds and other then existing bodies whose property was
about to be given up to plunder, in order to satisfy the rajjaeious
cravings of hungi-y Court parasites.* All these reports were of

course made as unfavourable as possible to the gilds, so as to
gloss over, as well as could be done, the inicjuity of the whole
affair ; but it will be seen that this Gild of the Palmers had,
among other things, established a school, with (for that time)
a well-salaried schoolmaster. I give the full title of the report,
as it helps not only to explain the matters reported on as to this

gild, but to illustrate the disgraceful history of the statutory
plunder and death of English gilds :

Report of the Commissioners of 37 Henry VIII. as to
THE Gild of the Palmers of Ludlow. f
The Coun tea of Salop, wyth the Towne of Salop, [and] Staff \ord'\
Thinp to be re- Herafter ensueth a brefe Certificat or Declaracon of all such
ported upon.
and so many Chauntreys, Hospitalles, Colledges, ffrechapelles,
ffratemyties, Brotherhedes, Guyldes, and Stypendary preestes,

havj'ng perfictuytie for euer, as ben wythin the sayd Counties of
Salop and Staff, and the Towne of Salop ; and to what intentes,
purposes, and deades of Charite the same were ffounded, ordeyned,

and made. And how the Ptevenue3 and proffuytes of the posses-
* The particulars of this iniquitous affair will be found stated in the

Introduction.
t Certificates of Colleges, Salop and Stafford ; No. 40. (In the Public
Kecord Office.)

LUDLOW. 197
siones of the same ben vsed, expendyd, and imployd ; and

whych of them ben parysh Churches, or how nyght' set to the ' (sic.)
parysh Church w^^în whych parysh they ben set ; wyth a bref
Reaport of the value of all the landes and possessiones now
belongyng, or that dyd belong, to the same, any tyme sythcnce
the iiij*'^ daye of februare in the xxxvij*^ yere of the kinges
most noble Regne ; wyth the yerely Resolutcs and deduccions
goyng out of the same. And how many such the sayd promo-
cions have ben dyssolued, purchaced, or by any other meane
opteynyd, by any person or persones, the kmges Maiestie sub-
iectes, of y^r owne auctoritie, wythout hys highnes special
lycence j wyth the yerely value therof, and the Resolutes and
deducions goyng owt of the same. And what goodes, catalles,
Jewels, plate, ornamentes, or other stuff, do merely belong or
apperteyne to all the sayd promocions. Whych certyfycat or Names of the
. . iT-j'ii Commissiouers.
declaracon is made by y Reuerend iiather in god Richard
Bysshop of Coventrey and Lych., S^ Phylyp Draycot knyght,
Edward Lyttleton Squyer, Anthony Borchier gent., and Wyll^m
Sheldon gent., theyrunto amongest other thynges appoynted by
the kinges Maiesties Comyssyon, vnder hys Highnes gret Scale
of Inglond, to them or thre of them dyrected, datyd at Westm^,
the xiiijth daye of fFebruary in the xxxvij*^ yere of hys most noble
Regu ; as by diuerse bookes and Quayres towchyng the premysses
whervpon thys bref Declaracon is made and compiled, more play nely
and at large is conteyned. And as hereafter brefly foloweth ;
That is to saye :
[Among others]
The Towne of Ludlow.
The Palmeres Guy Id w^^în the paryshe Churche of Saynt
Laurence.
ffounded by the most valiant and victorius kinge, of ffamus Alleged founda-
tion of the gild.
memorie, kinge Edward, graundfather to Richard the second,*
* This is a mistake. The gild was founded, as has been shown above, at
least as early as the time of Edward I. And it was not founded by any king,
but by the independent self-help of the good folks of Ludlow. These Certifi-
cates are valuable as recording the evidence of hostile witnesses as to
the condition of the gilds at the time they were made ; but they arc
utterly worthless for any historical statements which they contain as to the
;
198 GILD OF Tin lALMtlLS,
and afUrward iftemontocl* hy Kiclmnl the rocoiuI, and nlno by

now o*" mfwt wiurmjnit lonle kinj; Henry the viij''', lo and for
the findynde of a wonlen, vij. preestes, iiijo"" sinrjynj^ men, twoo
laftlM
I)ect)nes. syx Queristeres. to sin;^ diiiine service w^'in the paryHhc
Chureh of snynt Lnureuce. And also for the nieyntenaunce of
A Scolemaster of Granier, and xxxij. pore Ahnes people.

Tlie Revenue5 l>en yerly iniploycd for:
llow th* Inrocna The Salaries, Stipendes, or flees of the j)redictcd

efUMfUdto
persons, w^^ other ()fficei*8, accordyng to ther bcuc-
rall assin^ncntos; viz., to the sayd vij. j)rcestes,
ixxviij./j'. xiij./.iiij.f/. ; twoo singing men, parcellc
of iiij*"^, after the fl\indacion,vj./{. xiij.s. iiij.</.;twoo
Deaeones, xl.. viij.t/. ; vj. querestercs, xxxiiij.5.

the seolemaster of gramer, x.li. The pore Almes
;
people, xxvij.. ; to one w^"!' ringith the Almes hell,

ij./f. ; the porter of the sayd Guild, xliiij.. iiij.r/.
In all, ly yere, Ixij./?'. xiiij.. \uyd.

Diuerse Obbettes.xiiij.^t. v.. vj.t/. ; haloyd bred,
xij.. \\j.d. ; diuerse lightes,xxviij.. money geven
;
to pore people, viij.s. ij.c/. ; The Reward to the

warden, fuerseer of y workes and rcparacions, C\\ij.^/.vij..
xj.cZ. ob.
xlvj.,. viij.*^/. ; The Collecto'" of the possessiones,
C.8. In all, by yere, xxiiij./i. vij.t/.
Rentes Resolutes, ix./i. xj.s. v.d. ob.
Decayes, and defautcsj

^^ ^
^^^^ ^..^ ^^
of Rentes, J
\Miatsoeucrrema}'ncth,
to be bestowed in Rc-
paracions and other
expences and char- vj.li. xxiij.J. ob.
ges, at thediscrescon
of the warden for the

tyme being,
But } Reparacions (therevcnue3 of the premisses
lieng for y gretest part in bowses) do yerly mych
exced this sume, as they afferm.
foundation of any gild. These are generally wrong. This will be strikingly
Been in the case of the Gild of the Holy Cross of Birmingham.
So in the original ; but clearly a mistake for " augmented."
;
LUDLOW. 190
The sayd Guyld is wytliin the parysh church of saynt Lau- 1800 people in
this parish i>ar-
rence, wt^n wcli paryshe ben m.d.ccc housling peple, or ther- take of the Lord's
Supper.
aboutes : but y Ministers of the Guyld be not chardgeable
towardes the Cure.
The possessiones of the Guyld, wyth the decayes, ben yerly Tlie income of the
gild, and the
valued at cxxij./i. vij.5. x].d. oh. charges thereon
Wherof in :
The ffee of a Collector c.5.
Rentes Resolutes,
ix./i. xj.s. v.d. oh.
by yere, xxxiiijii. U.S. ix.c?.
Decayes and de- 1 .7 77

fautes of Rentes J
And so Rem., by yere, iiij.vij./^.* xvij.5. \].d. oh.
And the Mansion howse, wherin the said Ministers do dwell, besides the Man-
sion-house and
wth the Almeshouse w^li the foresayd pore people doo inhabit, Alms-houses.
w*^ the appurtenaunces, is worth by yere, to be letten, xx.5.,
before not valued.
Gylt, iiij.xiij.o^;. iij./ Plate belonging

to the gild.
Plate "! Parcel-gylt, .... \\].oz. j. q^. di. - c.iiij.ij.O;^:. di. q".
Whyte, xxxij.02;.
Certen other plate, being set and fastened to tre, glas, and stone,
and other goodes or ornamentes, vf^^ diuerse vtensylles, appere

in an Inventory redy to be shewed, not valued, t
* This figure, and those in
same style which follow it, are here printed
as they are written. The " xx " above the first Roman figures means a
8Core. Thus we get four score and seven, = 87 four score and thirteen, = ;
93 one hundred, four score, and two,= 182.

;
+ I have printed this report as above for the sake of clearness. In the
original, while every word and figure will be found as here given, it is
written in the bracketted manner which long remained in fashion; and of
which I can cite no better example than the "Synopses" that are found
in the original edition of Burton's " Anatomy of Melancholy."
900
WORCESTER.
(a) Gild of St. Nicuolas.
[While both the Writs sent out to the Sheriff of Worcester-

shire still remain in the Public Record Office, as they were sent
up to the Chancery by Sheriff Barewelle in the first days of
A.D. 1389,* not one of the Returns which must have been sent
up from Worcestershire, within a few days afterwards, is to be
found in any of the bundles of those Returns that now remain.
And it is a remarkable illustration of the success which (not-
withstanding several phrases of moralists) high-handed and un-
scrujtulous force so often has in killing out even the traditions
of freedom and free institutions, that the historian of the city
of Worcester does not seem to have been so much as aware of
the existence, in that ancient and famous city, of any old gild
whatever, f That such gilds existed there, as elsewhere, can-
not ]>e doubted : and a few years ago the original matrix of
a seal was found, which throws some light upon the subject. :t
See before, pp. 131, 132.
+ In Green's History of Worcester, a list is given of certain "Mysteries,

Crafts, Trades, and Companies, incorporated at Worcester ;" but all of
them are modem, as compared with the sense in which the early English
gilcls are treated of in this book. It is, however, certain that there were
fleveral old craft-gilds in that city. See article xxij. of the Ordinances of
Worcester, in Part III. of this volume.
X I am indebted to the Town Clerk of Worcester for an impression
taken from this seal. To the same gentleman, and to the Corporation
of Worcester through his courteous means, I am indebted for being able
to give, in this volume, not only the particuhirs of the Carpenters' Gild
which presently follows, but the highly interesting "Ordinances of Wor-
cetr" which will be found in Part III. of this volume, and the account
of other documents there also given.
]
GILD OF ST. NICHOLAS^ WORCESTER. 201
Though found far away from Worcester, in the distant shire of

Hertford, it was found in so fine a state of preservation that no
doubt can exist as to its true home. In shape it is oval,
pointed at the two ends of the longest diameter. It bears,
as its main charge, the figure of what must be taken to be

St. Nicholas, bearing a pastoral staff, under a canopy of Gothic
architecture. Below is a kneeling figure. Around the seal is
the following legend :
S151IIU : coe' : f ci' : nichi : lbi5orn'

that is, "The seal of the Gild of Saint Nicholas, Worcester."*
In the absence of any return from such a gild among what
were sent up in a. D. 1389, and in the absence of any mention
of such a gild by the historian of Worcester, I have searched
the original records of the reports made, in the times of Henry
VIII. and Edward VI., by the King's Commissioners ; and the
interesting facts contained in the two separate extracts that
follow, are the result. These reports show that this Gild of
St. Nicholast was an important one, though all trace or tradition
of it has now died out :

* A wood-cut of this seal will be found on p 207. It is curious that,
while there is the proper contraction mark over the "u" in "sigillum,"
there is no contraction mark where it ought to be in any of the other

words: only a general one at the end of the second, third, and fifth.
The second word, which is the contracted form for "comune," must be
read here as a noun, and not as an adjective. In the Latin ordinances,
the word "comuna" is often used for " gild."
+ "When a was either the single one, or the most important, in a

gild
place or parish, it was usually called by the name of that place or parish,
although, as in this case, it had a special dedication or patron saint.
Several examples of this will be found in both the first and second parts of
this volume. See, for instance, pp. 114, 119, 172, 185, &c. &c. Though
there were several gilds in Cambridge, the one first given in these pages
bears the title, indorsed on the original Return, of "Gild of Cambridge."
See also the cases of Stratford-upon-Avon and Birmingham.
- ;
202 OILD OF ST. NICHOIA8,
(i) Rr.roRT or the (%mmissioneiw of 37 Henry VIII., as
TO THE Gild of St. Nicholas.*
Tfte Counii/ 0/ WurccMcr.
lebtr*- A broif (Icclarncoun of allc and sinj^lor the late Collcagcfl,

"*"'
Chaiint^Tics, ffrec chappcUcs, ffratornitieH, brothcrhoodi-s, and
Guyldes, with other lyke promocouns within tlie Huid Countie,
p>'>-cn to the kyngcs Maiestie by Acte of parleunient lately in that

Wiialf prouided ; with y Naniys of the Incunibcntes, Afaisters,
Gouernors, and other Mynysters, with there yerely stypendes
or wag)'8, the Tenth deducted : with alle Scoolemaaters, Prechers,
and l>edmen, havjnng any yerely relyef out of the premisses, as

'hereafter doth ensue.
viz. :
[Among otlicrs]
The Cytie of Worcester.

The Parishe of saynt Nicholas.
Tlie Guyld of the holy Tryuyte within the said parishe and
Cytie.
Prnrt7 of the MemoHind : there is a house called the Tryuitie halle, with
'^* and tenementes belongyng to the said Guylde, to
certen landes
the clere yerely value of xiij7i, xvij.s. x.d.; whych hath byn
udbowtlw always employed, as hit was presented before the kynges
iaeoaN is tptiA.
Maiestyes Commyssioners there, to the m.iyntenaunce of one
scolemaster tber, to teche freely gramer, vj./i. xiij.s. iiij.c/.
And to diners pore people, inhabyting in xxiiij. cotages or

Alms houses adioynyng to the Trynitc hall there, cvij.s. iiijyi.
as aforesaid. And so remaiyneth of the said some but
xxxvij.. \}.d.', wch some, the presenters did afferme to be not
sufficient for the yerely repayryng of the said halle, cotages, and
Almeshouses.
BdvyofUie >remorancl, that John Olyver, Gierke, is now scolemaster
there, and hath yerely tenn markes for his wagis.
Certificates of Colleges, Worcester, No. 61. (In the Public Record

Office.)
]
WORCESTER. 203
[At the side of the foregoing is written, in the original, but in
a different hand, the following note:

Continuatur quousque the pore may
,. 1*1
for ther is one other in the
Pii-
: for the Schole
towne, of the kinges

o -I
fundacoun; and
cease, continue doles to
the poor; but
shut up the
scliool.
.
this is no Schole of any piirpos, as it is credebly saide.*
(2) Eeport of the Commissioners of 2 Edward VI., as
TO THE Gild of St. Nicholas, t
The Countie of Worcettour.
The Certyfycath of the Suruey of alle the late Collagys,
Chauntryes, ffree chappelles, ffraternityes, brotherdes, and

Guyldes, with the valewe of all the landes and tenementes Things to be rc-
. ported upon.
belongj'ng to the same ; and also of alle the landes gyren for
the fynding of any stipendary priste, or for the mayntenaunce of
any Obyttes, lyghtes, and lampes, Now in y kinges Maiesties
handes by the late acte of parliament ; with the names of the

townes and parishes, Maisters, gouernours, Incumbentes, and
such other persons, whose lyuynges the kynges Maiestie is
entutled vnto by y^ said late acte bering date the xiiij^^ daye of
ffebruary Anno Regni nuper Regis henrici octaui xxxvijo ; with
the yerely deduccouns gyven out of any the premisses for the
mayntennce^ of any scole, or Relyf of the pore, within the said (<;.)
* This was thus put in order to gloss over the intended seizure of the
property of this gild. The school founded by Henry VIII. out of some
fragments of the previous ecclesiastical plunder, was one for forty scholars
only (see Green's Worcester, vol. ii. p. 8i). But the school of the Gild of
St. Nicholas taught more than a hundred scholars, as will be seen by the
record next quoted. And the fact that, so many years after the foundation
of Henry VIII, 's school, the gild schoul was so largely attended,
is the
best proof how untrue was the statement that the latter was " no schole
of any purpos." But the teaching of the youth of Worcester was of course
a matter of too small importance to be allowed to interfere with the
designs of those needy men who were bent on seizing the property of the
gilds to their own uses. And, though delayed for a short time, the phmder
of this gild seems to have been entire. So far as I can learn, not a trace
or tradition of this great school of the Gild of St. Nicholas has remained.
t Certificates of Colleges, Worcester, No. 60. (In the Public Record
Office.)

2fVt Gll.D OK ST. NirilOLAS,
hen* ; by vcrtue of the kynjjcs hi^jlincs Comyssion, hcryng date

the xiiij tlaye of ffrhniury, in y> socomle yerc of y rci^jc of o'
mu6te tlrcnclo stuunii^nio Ionic Klwanlc tlic nixth, hy i\\v ^tjicc
(f gin! of Enphmlo. trratioo, ami Ircloinh' kyni,'. (Ifft'iidof of the
fayth. niul in earth of tlie duirchc of Kn^lamle and Irclonde

of Um supreme hcdd, to Sir Jolin Pakynton knygljt, Sir Robert Acton
knyght, John 8kewdain(ur Ksijuyer, William Sheldon Ksijuyer,
George Willoughby, William Grcm", Willyam Crouche, and John
Bo\*Tne, directed.*
[Among others]
Itoi oTaBt The paryshe of scjTit Nicholas, within the Citic of Worcctto^;
and
Ac wherin be, of housclyng people, the number of six hundreth.
Ibti The Guylde or fraternytie of the Trynytie, in the i)aryshe of
Ac.
Sa}iit Nicholas aforesaid.
TiMI loTaJle John 01}'uer, bacheler of arte, Incumbent there; of the ago
i*elMi llMir of thjTtie yeres, welle learnyd, and of honeste couucrsacoun.
mIb. karnrnc.
Md qualvtici. The yerely valewe of alle the landes and
Th vrl\ valewc
of <! tenementes belongyng to y^ said
xiij.î. xvij.if. vij.(i.
MidColkges guylde, as apperythe by the paiti-
uidiMfanvtiM
mM pWWPOBOWflt, culcr of the same,
vtth Um jweiy
f tpriiM. landM
old*, anti tlie
^Miereof,
vaiew*.
In rej)ryscs yerely owt of the same, .... xxvj.s. vj.cZ.
Landes solde, None.

And so rem", clere, xij./i. xj.s. j.cf.
TbavalawaofaOa Plate, ^"^viij. ounz.

tbexoodat,Iiidb,
put, Ac Goodes, presid at xj./i.
TbaSofnetof Prechers, None.

gjnren out of the
pianjaK* for the
A Scoole, as in the Memorand. vnder-wrytten apperyth.
naTntcnaunce of To the poore, owt of the clere yerely"!
any precfaen,
l cvij.s. iiij.cZ.
cole-nuuteri, or ,
valewe, *
'
for the rtlyf of the J
poore.
Memorand : hit was presented by John Callowe, Maistcr of

The original of what follows is arranged in several columns,
with
a heading to each, which is repeated on every page. To save space, I
have here put the contents of each column in a separate paragraph, and
have put in the margin an much of the original heading to each column
aa ia enough to explain its purpose.
;
WORCESTER. 205
the said Guylde, Thomas Wylde and Richarde Dedycote, Facts as to the
.
free-school
baylyfes of the said Citie, Robert Yowlle, alderman of the same
Citie, Thomas Parton, citezen, Thomas Johnson and Richard
Hasylcocke, Stewardes or Wardens of the said Guylde, that
there hath byn, tyme owt of mynde, a ffree scole kept within
the said Citie, in a grete halle belongyng to the said Guylde,
called the Trynite halle ; the scolemaster wherof for the tyme
beyng hath hade yerely, for his stypend, ten poundes ; whereof
was paid, owt of the reveneus of the said landes, by the Master
and Stewardes of the said Guylde for the tyme beyng,
vj.R xiij.5. iiij.f?.; And the resydewe of the said stypend was
collected and gathered of the deuocioun and benyuolence of the
brothers and systers of the said Guylde.
' ''
And further hit was ^^^y* was sus-
peuded j
presented, that, by the space of foure or fyve yeres or more last
past, or there-aboutes, the walls of the said Citie, and one great
stone brydge with ten Arches within the same Citie, called
S}Tierne brigge, and the said tenementes, howsis, and cotagis,

belongyng to the said Guylde, were ruynous and in greate
decaye. By reason wherof they loste the kepyng of the said
Scolemaster by the said space of foure or fyve yeres or more j
and imployed and bestowed the said money, that dyd vse to
fynde the said Scolemaster, to the necessary reparacouns of the
said walles, brigges, bowses, tenementes, and cotages. And, the
same being repayred, they, before the ffeaste of seynt Michelle and that it was
restored again,
tharchaunfiêlle
^ last past,
... prouyded and haue founde an honest
lernyd Scolemaster within the said halle, in lyke maner as they
.
with more than
100 scholars.
before tyme dyd ; that is to sey, one John Olyuer, bacheler of

Arte; who hathe there, at this present tyme, a-boue the
number off a hundred Scolers.
Note. In the Appendix to Nash's Worcestershire, is given a copy of

a paper which professes to be drawn up from records, copies of the
originals of which have been here laid before the reader. In the absence
of originals, errors are likely; but that, with those originals before
him, any man should write the following strange travestie, is an in-
structive example of how what is called " History" is written. The
Certificates of Colleges do name a Chantry of Holy Trinity ; but this

OIl.I) OF ST. NICUOLAfi,
U quile distinct from the CiU ; of whicli latter it iH that tliin arronnt
prfcc to Ik* writlrn. And what follows is Hj)orific as to the "Trinity
Hall," whirh l>oth the Uo|Mrt hcfore cited distinclly admit to have
belonged lo the (*ild, and not to the Chantry.* The facta au to the
CruuQUuion of the IlaJl are probuhly correct.
"Mu. HvBiNioN s Account of Thimtv nvrD.t
"The chantr)' [(f] of the chajvl of the Holy Trinity, in the parish of
St. Nicholas, within the city of Worcrster, was founfled by Richard
Norton and others. l>y virtue of the kin^^'s letters, i8 IVb. 45 Kdw. 111.,
to find a priest to sin^ ma>s perpetually for the soul of the founder
Richard, and all christian souls as by the same license, shewed before
;
the commissioners, may aj)pcar and was so used. The said (Jyld
;
or lirolherhood was established and confirmed by King^ Henry IV.,

1404, to the laud of God and honour of the Holy Trinity, in the
church or chapel of the Trinity there, by his letters patent; haviiij^
authority by the same to slablish a certain perpetual chantry of three
priettts or chaplains, to sing mass perpetually for the said king; as by
a copy of the said letters patent, shewed before the commissioners, may
appear. The said service, founded partly by the bequeaste of several
* That the caae may be wholly free from doubt, I give what is said as
to tliiii Chantry in the Keport of a Edward VI. [There is a ludicrous blunder
in the Report hereon of 37 Hen. VIII. which it is not worth whilf, how-
;
erer, to take up space by correcting.] The following is the entire Report,

in the Certificates of 2 Edward VI., touching the Chantry :
The Chauntery of the Tryuy tie, in the said pariohe, flTouuded for too
contynewe foreuer.
Rycharde Stone, Incunibeiite, of the age of fyftie six yeares, lernyd,
and of honest conuersacoun.
The yerely vale we of the same Cbaunterie, as apperyth by the parti-
culera therof x.li. vj.. iiijo^.
Whereof,
In repryses yerely owt of the same viij.. viij dl.
Landcssolde None.
And so rem" clcre ix.ii.xvij..viij.cZ.
Plate None.
Goodes presid at None.
Prechers None.
Scoole None.
To the poore Nil.
t Naah'a Worcesterohire, Vol. II. App. cxxxviii.
" [d] Taken from the account delivered in to the king's commissioners at
the Dissolution."
WORCESTER. 207
persons, partly purchased by devout persons for and towards the sus-
tentation of one priest, not only to say mass within the said chapel,
but also to help the parson and curate in time of need in the parish
church, because it doth abound of househng people. The priest is
removable. The value of the revenues, according to the book of
First Fruits and Tenths, is iCii. 3. 7 per annum. The yearly value,
according to the present survey, 10. 2 ; out of which are deductions.
This chantry, with divers houses and lands, both within the city of
"Worcester and without, belonging thereto, came to the king's hands
by act of parhament tempore Edward VI. j which was granted by his
majesty, 5 July 2 Edw. VI., to Sir Edward Warriner, knt., and Richard
CatpHn, gent., who in like sort granted the same, 24 Novemb. 2 Edw.
VI., to John Keyme and Richard Keyme.
" Both these grants passing after through several hands, the Trinity
Hall, with most of the lands and houses appertaining thereto, came to
Robert Yowle, Thomas Wylde, John Rowland alias Steyner, Hugh
Ashley, William Langley, and WiUiam Welbin. Mr Robert Yowle,
as worthy and charitable a citizen as his time produced, surviving
some of these him lay, the Trinity Hall
feofees, gave, as far as in
to the Weavers, Walkers, and Clothiers of the City of Worcester.

Mr. John Rowland ahas Steyner, married the daughter and heir of
Mr. Robert Yowle ; his father-in-law Mr. Yowle, and
who, outliving
all Mr.
the other feoffees, Robert Rowland ahas Steyner, his heir by
Mr. Yowle's daughter, and true heir of their bounty and hospitality
and other good deeds, 17 Sept. 9 Jacob R. gave, to the corporation of
Weavers, Walkers, and Clothiers of Worcester, the Trinity Hall
which his grandfather Mr. Towle before intended, and to his power
then performed."
fl u ^ t^
1
î)e
Mffm 1 H^ 0?*^
^
w\
of
^cal of
E^m
w
^
^k
^^^1 v^^
ml
M
5t. "Nicjôla^,
tlje Silo
w SWWBBBPB"
l^\n+fc3iii. i
f&l
-nB û
g2!lotce0tcr.
i1 7

906 CILn OP Til K JOIN Kits AM) CAltPENTERS,
(b) OlI.D OP THE .ToiSEKH AND CAKPFNTP.nS.
[In the |HWessi(n of tlie Corporntion of Worcostor nrc two

volmnos, ctnitaiiiiii^ tho " Or(lei*s and Bylawt's made and or-
deyniHl " hy this pM, or company. It is recited, in several
jtlnci's. that this wan an ancient comjiany ; aii<l more than one
charter seems to have l)een granted t< it. The ordinances,
however, in the form in whicli they are found in these books,
thcuiLfh no duu])t tliey were taken from much older ordinances,
and thou^di of tlie same fjencral type as the old ordinances of
craft -gilds, are stated to have been agreed to in the Bcventeentli
century. I therefore ])rint here no more than a kalendar of tlie
su])stance of them, the original of which is contained in one of

tlie two volumes. This will give a useful illustration of the
style of ordinances which were actually in use during the
seventeenth and eighteenth centuries, and will enable suflicicnt
comparison to be mode with the older ordinances.]
gDd,MMUtod No. I. Penalty of 3.*. 4.d. for a Freeman of the Company not
A.D. IMS.
being present at the Election anct swearing of the Master and
Wardens, having had reasonable notice, and no just excuse for
his ab.sence.
2. Penalty of 40. s. for a Freeman of the Company and assis-
tants, chosen Master, Refuseing that office.
3. Penalty of 20.5. for a Freeman of the Company, chosen

a Warden, Refuseing that office.
4. Master, within 10 Days after Election and swearing of

another, to deliver in his Account to the Master, Wardens, and
A.s8i.stants. And to pay the Ballance, and deliver papers, &c. to
the new Master, under the penalty of .5.
5. Penalty of 20.8., or less, for a Freeman of the Company

misbehaving to the Master, Wardens, or Assistants.
6. Where Company s Effects to be kept.
7. Penalty, not exceeding 5, for makeing deceitful Work.

Disfranchisenit, if Peualty not p'^ within 2 months after
assessed.

WORCESTER. 209
8. Penalty of 5 for takeing an apprentice for less than 7

years. How to be bound.
9. Penalty for takeing a child, or young Man, to teach him
the trade, without binding him apprentice.
10. Penalty of 5 for takeing an apprentice, to sell him again

to ano^ of the same trade.* Who may keep 2 apprentices at
same time. Who may keep only Within
one. what time,
before the Expiration of such apprenticeship, the Mas^ or
Mrs may take ano^ apprentice.
11. How an apprentice to be dealt with, for absenting from
his service ; and penalty of 40.S. by the Master for takeing such
apprentice again, Avithout fii'st presenting him to the Master,
Wardens, and Assistants.
Who shall not be free of the Company for less than 20.
12.
Who shall be set to work by a Freeman of the Company ;
and penalty of 20.S. for offending.
13. Penalty of 20.S. for Inveigleing away a Journeyman or

Servant from a Freeman of the Company.
14. Penalty of 40. s. a month for useingthe Trade of a Joiner
or Carpenter, not having served a seven years apprenticeship
and been free of the Company, except he work as a Servant or
Journeyman with a Freeman of the Company.

15. Penalty of 5.S. for a Freeman's not entering his Journey-
man's Name in the Company's Book, and paying i.s. for such
Entry.
And one shilling a Quarter so long as such Journeyman
continues to serve in the Trade.
16. Penalty of 3.5. 4.C?. for a Freeman of the Company being
absent at a meeting, without reasonable Excuse, to be allowed by
the majority of the Master, Wardens, and assistants.
17. A Freeman of the Company convicted of Felony, to be
* Of course this does not mean, as its literal sense would imply, to sell the
body of the apprentice ; but, to sell the master's interest in the Articles of
Apprenticeship ; the value of which would depend upon when the appren-
tice has reached so much skill as to make his services more or less valuable
to a master.
14
210 OILD OF TIIK JOINKRS AND CAUPKNTKUS, WORCKMKR.
disrmnohiiHnl. niul oxcIucKhI the Company ; niul un onlcr for that

rur|HHo to Vw oiitcrctl in the Company's Book.
1 8. A FroiMuan of the Company buying Timber or boanls,
come to Worcester to be sold fit for the Crafts, every Freeman
of the Company to have not exceeding a 3'' sliare in it, on
ret]ue3t, and jiaying ready money for it, after the rate same
were b*)Ught, And on refusal to share same, to forfeit 20.*.*
19. How penaltys and Forfeitures to be recovered.
20. A ^âster of the Trades to pay 20.5. on his being so

chosen. The charges of such meeting to be defrayed, equally,
between such of the Company then present, save the Master for
the last year, at the chooscing the new Master ;

[each] to pay,
towards the Charges of such meeting, 6.s. S.d. And every person
admitted a Freeman of the Company, at his admittance to j)ay4o.5.
2^<^ Sep^'' 1723. A confirmation of the Bye-laws, by Sir James
Mountagu, Lord Chief Baron of the Exchequer, and Jeffery
Gilbert, Esq"", a Baron of s*^ Court, Justices of the Oxford Circuit.
[One of the books contains the originals of two other

ordinances, enforcing the foregoing, and dated 15^*^ July, 1793.
Both are sealed with the seal of the gild, and are "ratified and
confirmed " by the signatures of Lord Kenyon and Sir Nash
Grose, as Justices of Assize. Such signatures were made neces-
sary by two Acts, passed in the times of Henry VI. and Henry
VII. (15 H. VL c. 6 ; 19 H. VIL c. 7), as is more fully shown
in the Introduction to this volume.]
The true meaning of this ordinance can hardly be understood without

the full words of it ; which are as follows :

"Item, It Is Ordered That if
any ffreeman of the said Company Shall buy any parcell of Timber or
Boards that Come to the said City of Worcester to be Sold, and fitt for
the said Crafts or either of them, That then it Shall be lawfull for every
ffreeman of the 8^ Company to have a Share therein, not exceeding one
* C**^) Third part thereof, Upon request, and paying reading* money for the Same,
after the rate of the said Timber and Boards were bought. And whosoever
of the said Company ref useth to Share or divide Such Timber or Boards
brought within the said City, Contrary to the Intent of this Article, Shall
every Such litfusall, Twenty Shillings, to be paid to the said
forfeit, for
Master of the said Company for the time being, for the vse of the said
Company."
211
XI.
STRATFORD-UPON-AVON.
Gild of the Holy Cross.
[It is very remarkable that, although whatever concerns

Stratford-upon-Avon has been made the subject of researches
more frequent, probably, than have ever been made as to any
other place of equal importance in England, the Ordinances
which now follow have never before been made known to the
public, and appear never to have come to the knowledge of any
searcher. Mr. Thomas Fisher, very early in the present century,
had full opportunities given him, of which he carefully availed
himself, to examine the Records of this Gild ; and he distinctly
informs us that he examined documents which " carried back its
history to the reign of Edward the First."* But he gives no hint

whatever of having found any traces of the existence of the
documents that now follow, Mr. Halliwell, in his " Descriptive
Calendar of the Ancient MSS. and Records in possession of the

Corporation of Stratford upon- Avon," t has gone over the same
ground as Mr. Fisher went over nearly sixty years earlier.
But neither does he appear to have found any trace of the

documents now printed. I deem myself happy in being able to
* "Gentleman's Magazine/' New Series, vol, iii. (1835), P* ^^^ ; and see
lb. p. 375.
t Printed (only seventy-five copies) in 1863, in a very large folio volume
containing 467 pages. Unfortunately, the work has neither "Contents"
nor "Index," But the documents which I now give would have been
made prominent, if they had been known. I have searched the volume in
vain for any copies or any description of either the Ordinances or Reports.
)i\'i OILD OK THK IIOI.Y CU098,
give, in this volume, dtH'UincntH wlurh will not only l>c interest-
ing to every one who Umkn on the hirth-pliico luul home of

S' '
,re as a 8trt of Nationjil Slirino, hut whioli iilso have
a i..^.. .i.trinsio value of tlwir (wn.
As iinythin^ touching the Mrth-plftce nnd home of Shakspoarc
arouses more than a conunon attention in tlu* iniiul of every
(i.) TnK ouHUNAL Keturn, in Latin.*
ItooKglml Nicholaus Samer ct Waltenis Golcle, custodes gilde sancte

Crucis de Sti*atford in Coniitatu Warrewici, virtute cuiusdani
proelamociouis facte n])ud Warrcwicuni per breve doniini
Kegis, de mode et forma ct auctoritate fundacionis, et omnium

articulorum in dicto breve specificatorum dictam gildam con-
cemencium, exccllcncie vestrc Regie cum omni subjeccione legia
et reucrencia premissa, certifica[n]t iu hiis scriptis, peiiultiiiio
die mensis Januarii Anno regui vestri duodecimo : Videlicet,
quo-ad auctoritatem fundacionis et incepcionis ac continuaciouis

gilde predicte, predicts gilda est, et incepta fuit, a tempore
cuius contrarium memoria non existit. Et quod de dicta gilda
sunt, et a toto tempore fuerunt, duo custodes gilde predicte: qui

gubernare et recipere debent omnia })roficua de tenementis et
redditibus dicte gilde pertinentibus, reddendo inde compotum
annuatim fratribus et sororibus ejusdem gilde ; et ad 8Ui)cr-
videndum quod ordiiiaciones fratrum et sororum dicte gilde

facte, fideliter in omnibus obseruentur : et qui custodes eligi
debent, per fratres et sorores ejusdem gilde, pro tempore quo
ebdem fratribus et sororibus placuerit duraturi. Et dicte
ordinaciones inferius in scriptis coutinentur. Et qui quidem

fratres et sorores dicte gilde haVjent, et eorum predecessores
habuerunt a tempore cuius contrarium memoria non existit, vt
de iure gilde predicte, diuersa tenementa et redditus ;
que
partieulariter specificantur in carta confirmacionis domini
Edwardi Regis Angli.ne, progenitoris domini Regis nunc,
CCCVIII. 143, Condition, fair, except along one side.

STRATFOIID-UPON-A.VON. 213
educated man of the English-speaking race, I depart, in this

instance, from the course followed in all other cases, and print
the Latin original side by side with my translation ; and need
now only add, that this original is of very high antiquity, and is
expressed with a terse brevity not often found in ordinances of
later date.]
(2.) Translation of the original Return.
Nicholas Samer and Walter Golde, Wardens of the Gild of Tiie wardens of
the gild make a
the Holy Cross of Stratford in the
*'
county of Warwick, in
' '
iêtum, in obe-
dience to the
Sheriff's procia-
fulfilment of a proclamation
*
Warwick under a writ of
made at
raation.
our lord the King, do now make known to your royal excel-
lency, with all loyalty and respect, the manner and form and
source of the foundation of the gild, and all such matters and
things touching the gild as are set forth in that writ ; all
which is set down in this writing, which was made on the last The return was
written on 30th
day but one of the month of January, in the twelfth year of
' "^ -^
January, a.d.
1389.
your reign
,,..
That^
:
,
as to the source of the foundation The giid was

is to say ;
^
and
, (.1. 111 .
1 1
begun at a time
.
beginning and continuation 01 this gild, the gild has lasted, beyond the
Mil
memory of man.
and its beQinniu": was, from time whereunto the memory of
man reache th no t. And there are, and always have been, two There are two

I I '
^ Wardens, ^
Wardens of the gild, who are bound to manage and gather in ^ho manage and
all the profits of the houses and rents belonging to the gild,
^^ '
&c.;
rendering an account thereof every year to the bretheren and amnmM^fereof

sisteren of the o
gild ;
^
and who ought
n to take care that the ^^"/ ^!^
and who mustf
* '^
'
'
ordinances made by the bretheren and sisteren of the gild dlnalicesâre^kent
are faithfully kept in all things : and these Wardens must be These w
ardens
are chosen by the
chosen by the bretheren and sisteren of the gild, and remain in s''d, and hold
' ^ office for so long
office for such time as the bretheren and sisteren think fit. The time as the giid
thinks fit.
ordinances themselves are written below. The bretheren and
sisteren of the gild have, and their forerunners have had from
time whereunto the memory of man reacheth not, many houses Many houses and
rents belong to the
and rents belonging as of right
00
to the said gild
o ^
; which are ^1.'''
the iu)iding

Qf which has
particularly set forth in the charter of confirmation lately

Jfri'iJjd^bâ^"""
granted to the bretheren and sisteren of the gild, and their ^dwSiii.
;
21-i CII.D OP TlIK liol/i CUOSS,
fratribos ft sororilnis dicto pil<lo, ot conini RuccoRBoribuR, niipor
facte ; cuiuR quiilcm cnrtc tenor continctur in (juudiun ccdulft

huic ccrtificacioni conButa.
Hoc sunt consuotudincs fratrum ct Roronim glide

Sancto Cruris Stratfordic.
In primis, quililot fnitnnn qui volit in cadrm ^nlda \)vr-
manere, dubit per annum quatuor denarios, ad quatuor anni
term in OS ; scilicet, vnum denarium;

ad festum sancti Micliaclis,
ad festum sancti Hillarii, vnum denarium ad pascha, vnum ;
denarium ad festum sancti Joliannis Baptiste, vnum dena-

;
rium : ad \Tium cereum faciendum et sustenendum ;

qui quidcm
cereuR, ad honorem domini nostri ihesu Christi et bcatc
virpnis et sancte crucis, perficietur ; et ardclnt singulis dicl)us
per annum, ad quamlibet missam in ecclesia, coram beata

Cnice ; vt dcus ct beata virgo et Ciiix veneranda, omnes
fratres et sororcs in eadcm gilda permanentcs, ab omni malo
cuRtodiant et defendant. Kt siquis fratrum vel sororum
ad dictos terminos venire contempscrit, erit in misericordia
vnius denarii.
Prouisum est eciam inter fratres et sorores dicte glide, quod
giquis eorum moriatur, predictus ccreus, vna cum octo minoribus,
])ortabuntur de ecclesia ad domum defuncti ; et ibi ardebunt
coram corpore defuncti, quousquc coq)us ad ecclesiam portetur

et cerei portabuntur et ardeljunt quousquc corpus sepeliatur, et
postea coram cnice ponentur. Item, omnes fratres prenominate

gilde, corpus defuncti sequi debent versus ecclesiam, et pro
anima eius orare quousquc corpus sepeliatur. Et quis eorum
hoc non fecerit, erit in misericordia ob.
Prouisum est eciam inter predictos fratres et sorores, quod si-
quis pauper bomo in villa moriatur, vel siquis extraneus non

habeat vnde lumen de catallis propriis coram corpore suo
possit ad ardendum inuenire nee acquictare, predicti fratres et
sorores, pro animarum suarum salute, quatuor cereos, et vnum
lintheamem, et tapetum ad feretnim cooperiendum, ei, quicumque
fuerit, inuenient, quousquc corpus sepeliatur.
STRATFORD-UPON-AVON. 215
successors, by the Lord Edward, King of England, forefather of

the Lord the King that now is ; a copy of which charter is
given in the schedule stitched to this return.
These are the ordinances of the bretheren and sisteren The ordinances, y
of the Gild of the Holy Cross of Stratford.
First: each of the bretheren who wishes to remain in the Every one nwst
pay fourpeuc3
gild, shall give fourpence a year, payable at four times in the * y^^-
year ; namely, a penny on the feast of St Michael, a penny on

the feast of St. Hillary, a penny at Easter, and a penny on the
feast of St. John Baptist.
^
Out of which payments, there shall be ^ ^^^^
^'''V'
''
1 ./ ' made and kept up,
made and kept up one wax ; which shall be done in worshipful
honor of our Lord Jesus Christ and of the blessed Virgin, and
of the Holy Cross. And the wax shall be kept alight every day which shall be
alight in the
throughout the year, at every mass in the church, before the church during
, ^
mass, before tho
blessed Cross God and the blessed Virgin and
; so that the hoiy cross.
much-to-be-reverenced Cross, may keep and guard all the

bretheren and sisteren of the gild from every ill. And whoever Any one not pay-
ing his dues shall
of the bretheren or sisteren neglects to come at the above named he fined.
times [when the payments are due], shall pay one penny.
It is also ordained by the bretheren and sisteren of the gild, On the death of
any gild-member,
that,' when any of them dies, the wax before-named, '
together
o
the aforesaid wax
-^
g^mj gjgjjt smaller
with eicrht smaller ones, shall be carried from the church to the o"^? ^^ ^,^p*
o '
fl^^l
alight before the
house of him that is dead ;

and there they shall be kept alight J*" church 21[d
*^^
before the body of the dead until it is carried to the church ; Sefwrthe^ Cross.
and the waxes shall be carried and kept alight until the body is
buried, and afterwards shall be set before the Cross. Also,

all the bretheren of the gild are bound to follow the body to The bretheren
shall follow every
church, and to pray for his soul until the body is buried. And funeral,
whoever does not fulfil this, shall pay one halfpenny.

^^
Penalty for
' . -i "^
^ neglect.
It is also ordained by the bretheren and sisteren, that if any if any poor man /
dies, orany /
poor man in the town dies, or if any stranger has not means stranger of what
rank soever, the
of his own out of which to pay for a lijjht to be kept burninf^f giid shuii Hnd
before his body, the bretheren and sisteren shall, for their souls' else is needed for
^
decent burial.
health, whosoever he may be, find four waxes, and one sheet, i
and a hearse-cloth to lay over the coffin until the body is buried.
216 OILD or TIIR llOt.Y CU088,
IVctorcn prouisum est inter pritliotos frntroH et Bororofl, (\\uh\
ijuiliU't iMinnn |Hr annum lal>it tluos denarioH, al (luandiini
Ci>nj;n^pMMononi intor e*>8 faoitndnm srmcl in anno ; videlicet, ad

qtuuidam i>otacioncm* in soptinuina Pasclio facicndani, in tali
fomia qmnl fratorna dilcccio inter cos augcatur, ct turi)il<)(iuia
reiK'Hantur, set pax Bcniper inter cos rcformctur, ct vera dilcccio
rctiueatur. Et (juelihet soror dictc gildc, ad dictam potacionem,

ciphuin niainiuni secum portabit ; et omncs ciphi ceruisia
implelmntur ; et postmodum ceruisia dabitur pauperibus. Simi-

liter erit dc fratri])us ; quod ciplii eorum codem modo ccnii.sia
implebuntur ; et dabitur pauj)eribu9. Et antcquani ilia ceruisia
pauperibus crogctur, vel antcquam aliquis frater vel soror in

domo ^lî potacio dicta fict potabit, omncs fratres et sororcs
i])idem congi-egati onitiones suas facicnt, quod deus ct beata

inrgo et Crux vcncranda, ad cuius bonorcm talis facta est
conjêgacio, cos ab omnibus malis et peccatis defendant. Item,

fiiqua soror ciplium non tulcrit, sicut prenotatum est, erit in
misericordia ob. Item, Ri(|uis su})radictorum fratrum vel soro-

nini, post sonitum campani, litigauerit vel litigium feccrit, erit
in misericordia ob.
Prouisum est cciara, quod nullus in dicta fratcmitate morabitur

nisi idoncus homo fucrit.
Prcterea prouisum est, quod siquis fratrum moriatur, quod

hostiarii debent citare terciam partem fratrum ;
qui dcl)ciit
coram corpore vigilare, et pro anima orarc, per noctem. Quod

si neglixerint, post citacionem factam, quilibet qui non feccrit
dabit ob. pro emenda.
Prouisum est per commune concilium tocius fratemitatis,
quod duo fratres erunt Aldermen ; et sex alii fratres erunt electi,
qui regent totam fraternitatem cum predictis Aldermen ; et quis
* I translate this word " .otacio " as "feast." There can be no douV>t
f
that it is equivalent to the old English word " aZe,"which was long used
with the sense of /eojrf. Thus we have Wîitsun-Ale, Church-Ale, &c. &c.,
and Ilridc-Ale, which is still in use in the form Bridal. See the subject
fully considered, with many illustrations, in "TheParihli" (second edition),
at pLices under the word "Ales" in Index. And see an analogous case
before, p. 175, note +.
STllATFOaD-UPON-AVON. 217
It is further ordained by the bretheren and sistercn, that each Kvery one shall
pay two-
ye;irly
of them shall crive twopence a year, at a meeting which shall be pence, at a fi ait
held once a year : namely, at a feast which shall be held in ^êid inEaster
*' "^ '
week, for the pur-
pose of cherishin-
Easter week, in such manner that brotherly
' - - J love shall be
brotherly love ancl
, ,
p^^^*
cherished among them, and ev il-speaking be driven ou t ; that
peace shall always dwell among them, and true love be upheld.
And ev ery sister of the îld shall bring with her to this feast a Every sister shall
great tankard; and all th e tankards sh all be filled with ale; fiii it with aie, and
and afterwards the ale shall be given to th e poo r, do likewise poor;
shall the bretheren do ; and their tankards shall, in like manner, and every brother
shall do the same.
be filled with ale, and this also shall be given to the poor. But,
before that ale shall be given to the poor, and before any But, before the
ale is given, and
brother or sister shall touch the feast in the hall where it is before the feast la
begun, prayers
accustomed to be held, all the bretheren and sisteren there s''=iii '^^ said by
the bretheren and

gathered together shall put up their prayers, that God and the s'stêren them.
blessed Virgin and the much-to-be-reverenced Cross, in whose

honour they have come together, will keep them from all ills and
sins. And if any sister does not bring her tankard, as is above Neglectful sistercn
shall be fined.
* said, she shall pay a halfpenny. Also, if any brother or sister Quarreiiers, and
stin'Grsun of
shall, after the bell has sounded, quarrel, or stir up a quarrel, he quarrels, shall b3
shall pay a halfpenny.

It is also ordained, that no one shall remain in this gild Oniy worthy men
shall be allowed to
unless he is a man of good behaviour. remain in the giid.
It is moreover ordained, that when one of the bretheren dies, Night. watciies,
with pravers. shall
the officers shall summon a third part of the bretheren ; who be kept round the
body of the dead.
shall watch near the body, and pray for his soul, through the
night. Whoever, having been summoned, neglects to do this. Penalty on any
one wiio, being
shall pay a halfpenny.* summoned, does
^ "" X ./
Qt come.
It is ordained by the Common Council of the whole gild There siiaii be two
' Aldermen, and six
that two of the bretheren shall be Aldermen ; and six other iieii)-raen, to
manage the affairs
bretheren shall be chosen, who shall manage all the afi\iirs of ofthegiid;
the gild with the Aldermen ; and whoever of them is absent on and whoever of
these does not
* Compare this ordinance with the very curious one near the end of 4
the ordinances of the Gild of Palmers of Ludlow (before, p. 194). It will be

observed that in this case, as in that, the night-watching is to be done by
b retheren on l y, not sistere n. But here the night-watching is imperative ;
in the case oF Ludlow it is only allowed, and under strict conditions.
218 ciM) OP THE iioi.Y moss,
orom tbeens fucrit ml diom intcrlocurionum u\icr cor (iRni^-
natani. crit in miKorictinlia qimtuor dcnnrioruni.
Siqiiis frntor vol 8nr ducat liospitein, sine liccncia sonesfalli,
in niiKcriconlia oh. Itoni, siquis extranous, vol nunoius, hIuc
uliquis puor, introt, hostiariis noscicntibua, in misorirordia oh*

Item, siquis frntor vol Boror prcsumat ca{>cre saiuuum altcriuR,
in misoricortlia oh.
Itom, siqiiis fratcr vol soror per infortunium spolintus fucrit,
vel in paupcrtom occidorit, duni so bono gcsscrit et honestc

versus fratros ct sorores, ipsi inuenient ci victura et vcstitum ct
cetera nccessaria.
[Stitohed to this Return is a copy of letters patent, issued on

the I2tli November, in the fifth year of (as it seems) King
Edward III., in which are enumerated a long list of grants made
to the gild, by many people, of lands, houses, and rents ; all
which gift* it is declared that the King, " so far as in him lies,"
confirms to the bretheren and sisteren of the gild, and to their

successors. These letters patent contain neither any license in
mortmain, nor any " pardon" because of the lands, houses,

and rents having been granted to the gild without such license
in mortmain. t One or the other of these two would have been
necessary, had the grants been made to the gild after the
passing of the Statute of Mortmain. :|: It follows, that all the
possessions here enumerated, and they are very many, belonged
to the gild earlier than the year 1279, What these letters
patent did was, to protect the gild against any claim that might
be set up, in the name of the Cr.jwn, as to any of the lands,
houses, or rent-charges named therein. It was simply a pre-
cautionary measure.]
* This ordinance clearly implies that, with leave asked and given, guests,
&c. would be welcomed,
+ See an instance of such "pardon" in the second part of my "Memo-
rials of Old Birmingham " (Men and Names), p. 27. In the same work
will be found several illustrations of the practice, common in old times,
of granting certain " rents," i. e. rent-charges, without granting the free-
hold. Hence the terms used in the foregoing ordinances.
X See before, p. 195, note.

STRATFOED-UPON-AVON. 219
any day agi'eed among themselves for a meeting, shall pay attend meet^nr?
- tixed for business,
lO Urpenc e. sliallbe fined.
If any brother or sister brings with him a guest, without leave No gtiest nor
stranger shiillcoino
^
of the steward,' he shall pay a halfpenny. Also, if any

J stranorer,
O or * t'' feast w.tii-
^ L J ' ^
' out leave, under
servant, or youth, comes in, without the knowledge of the officers, P"aity.
he shall pay a halfpenny. Also, if any brother or sister is bold No one shall taice
another's seat at
enough to take the seat of another, he shall pay a halfpenny. the feast, under
Also, if it happens that any brother or sister has been robbed,^ Help sliall be
given in case of
or has fallen into poverty, then, so long as he bears himself well robbery or
poverty.
and rightly towards the bretheren and sisteren of the gild, they
shall find him in food and clothing and what else he needs. /
Note. The foregoing ordinances, while bearing every mark of

great antiquity, were not, as is clear from internal evidence, drawn up
at one time, but were from time to time amended and added to, as has
been already seen to have been done in the case of many other gilds.
Thus it is said, in the Preamble of the Return, that there are two
*'
Wardens " of while, near the end, there is an ordinance
the Gild ;
as to two Aldermen " and six help-men. Again, in the last ordi-
'*
nance but one, a " steward " (senescallus), nowhere else named, is
found ; and, in two other ordinances, " hostiarii '* are named, which
I translate, on account of the vagueness of the term, by the general
word "officers." *
Mr. Thomas Fisher, after stating that the ancient records of the gild
which he had been allowed to inspect and transcribe "carried back its
history to the reign of Edward the First," adds " at which time :

there appeared to have been a Gild of Holy Cross, a separate fraternity
of our Lady, and another of St. John Baptist; which three distinct
societies were afterwards incorporated into one gild." But he does not
give us any information as to when this incorporation took place.
The foregoing ordinances show that it had not taken place in the year
1389, when those ordinances were returned as what were at that time
in use. But it appears to have taken place before the year 1442 for ;
Mr. Fisher found, and in 1835 printed in the *' Gentleman's Maga-
zine,"t " the constitucyons and ordinaunceys for the good gouer-
naunce and rewle of the Gilde of the Holy Cros, oure Lady, and Seynt
* See a similar case of variance of titles in the case of Chesterfield,
before, p. 165, note. And as to " help-men," see the Hull Gilds, before,
pp. 156, 160, 162.

f See the references on p. 211, note.
S20 GII.D OP TIIF. HOLY CUOSfl|
Jolin lli
ilnplifit. of Sirttford-iippon-Aupnc, made nnd ordcynyd tlie
MondAV next aflcr ihc fcst of the translacion of Scynt ThtunoM ihc
Martir, ihe yere rcyne of Kyn^c Harry, the Sixte aflcr the ('oncjurHt,
the xxj**."* Thrc conslituliuns and ordinances are entirely different
from those printed ahove more diffuse, made much more to serve the
;
ioteretts of priests, and liaving notliing answering to tlie picturesque

passages that are found above, about the sisteren and the brcthercn
ctiming to the (Jihl-hall with their tankards, filhng these with aU*,
and, after prayers said, giving the ale to the poor.f Neither do the
ordinances of 1442 contain anything about the "night-watches,** nor
about the help to be given to those overtaken by the misfortune of
robber)' or poverty.
In a clause near the end of the ordinances of 1442, things there
named done " by the goode minde, wyll, and assent of the
are to be
said Master and all his Aldremen, accordyng as hit is of old tyme
ordeynyd ** but the ordinances of 1442 contain not the slightest hint,
:
except in this very indirect way, at the ordinances now printed. It
seems most strange that, as the ordinances of 1442 were put into shaj)e
not longer than fifty-three years that is, within a life-time after
the making of the return containing the ordinances now printed, and
which were then, and must have been for some time after, the ordi-
nances in actual force, no trace of the latter should be found among
what Mr. Nichols describes as the " Records of hif^fh antiquity, which
belonged to the liretheren of the Gild, and were preserved among the
muniments of their successors, the Mayor and Corporation of Stratford,
in a chest in the Gild Hall; " and which reached, Mr. Nichols tells us,
" from before the reign of Henry the Third to that of Henry the
P:ighth.":
These are reprinted in Mr. nalliwell's volume, cited above.

+ It is particularly worthy of notice that the older ordinances, though
enjoining every care for the decency of burials, and enjoining prayers (by
the brethcren and
sistercn thcuiselves) before feasts, say nothing whatever
about any and make no provision for them. A laige part of the
priests,
ordinances of 1442 is, on the contrary, devoted to provisions for the sup-
port, board, lodging, and services of priests. Compare the Chesterfield
Gilds, before, pp. 165, note, 168, note.
t Preface to a volume of plates of old " Paintings in Fresco, discovered

in 1804, on the walla of the Chapel of tlie Trinity, belonging to the Gild
of the Holy Cross at Stratford-upon-Avon," by Thomas Fisher. Edited,
and the plates described, by J. G. Nichols, and re-published, in 1838. Few
copies of this work are complete in the number of plates, owing, no doubt,
to the delays in publication (aee the note on p. 163 of the ''Gentleman's
Magazine," as above cited). I am indebted to Mr. Samuel Timmins, of
Birmingham, for the loan of a copy of the work which is almost complete.
[The following documents seem to have been as little known

to both Mr. Fisher and Mr. Halliwell as the ordinances printed
above have been shown to be. They must be compared together.
Their differences are striking and instructive.]
(3.) Keport of the Commissioners of 37 Henry YIII., as

TO THE Gild of Stratford-upon-Avon.*
Gilda de Stratfford in Comitatu predicto.f
[The yearly income, from rents, &c.,
is set down in detail; and amounts Ui. xxii], d. oh. income of the
gild.
to]
[The yearly outgoes are also set down )
^^^^- viij-^-^^- ?" Outgoesof the

in detail ; and amount to] \
^J'^^'
Et sic videtur in superplus xxxvij.s. ix.c?. q^.
The same yelde Avas ffounded by kyng Henry the iiij*^^,J by

the name of a M'^., ij. proctors, an Alderman ; and to erect as
many prestes as the revennewes of the same wyll extend vnto.
And there be, at thys present tyme, v. prestes whereof one, A : The state of the
Scolemaster of Gramer, and celebratyng dyvyne seruyce wîn a schoohnaster.
a Chapelle stondyng in the myddes of the same, ffor the greate

quyetnesse and Comffort of alle the parissyoners there ; ffor that why the chapel
was founded.
the parisshe Churche stondythe owte of the same towne, dystaunt
ffrom the moste parte of the seyd parisshe halffe a myle and
more; and in tyme of syknes, as the plage and suche lyke
And I am indebted to the same gentleman, always liberal in such matters,

for the loan of a copy of Mr. HaUiwell's " Calendar " of the Stratford
records.
* Certificates of Colleges, Warwick, No. 31. (In the Public Record
Office.) It is unnecessary to give the Titles of these Reports, examples of
them having already been given under the heads of Ludlow and Worcester.
f This heading gives another example of what was stated in a note to
the Gild of St. Nicholas, Worcester ; namely, that a gild, though dedicated to
a special saint or otherwise, is often called by the name of the place only.
The same thing will be found in the case of the Gild of the Holy Cross of
Birmingham.
J It will have been seen that this statement is, in all its parts, utterly
untrue. See the note to the Ludlow Gild, before, pp. 197, 198.
223 OILD OP THE HOLY CROSa,
dytBLBlM dothc Cbaunco w'in llto mydc, Tuwiie, than nllc Hiiclie
infoctnic personn. %v* innny othvr ynipotoiit ami ]M)rc penple,

duthc to the scyd Clmpdle resort ffor tlicre tlyuync scruyce. Ami
in the Willie Townc there ys a merkett, wekely kepte ; ami
laiwpMtltta ih hav>nig in yt alM\vt m.d. houselyng peaplc : together w^- vij. lyttle
tUrtbuffm. humlctti'B therto belonging, whiehc hathc no other resort imt

only to the same Chapellc and parisshe Churche. Also the
goodes and ornainentes there-to helongyng hcre-aff dothc apere.
[But no statement of the *'
goodes and ornanientes there-to
l)elong}ng, dothe apere," notwithstanding this promise.]
Note. Tlie condition of things as to the Church and Chapels in
and near to Stratford, will he better understood by adding the follow-

ing extract, from the same Report of the Commissioners of 37 Henry
VIII., as to
The College of Stratford-upon-Avon.

of the The eeyd College was ffounded by one John Stratflorde, sometyme
OoOaytortlM
drarek of Btist- Archebysshoppe of Canterhurye, ffor one Wardene, ffyve prestes, and
0iif'd*opoD>Avoii>
i ij'^'' mayntayne dyvyne seruyce w'in the parisshe
querysters, to
Th^ nmnlwn wv Churche of Stralfforde. AVhyche be there nowe Ilesydent; and the
r .i.d tll6
seyde Wardene ys parson of the same Churche, as in the ryght of the

seyd College. And the same parisshe ys x. myles Compasse, and he
TlMpanon could bathe the Cure of m.d. houselyng peaple wîn the same parisshe; so
not mm
the cure
that, w'owte the helpe of the seyd prestes, he ys not al)le to serue the
wtthout help.
Tbcraare twoout- seyd Cure. Also there ys, belongyng to the same Collegiate Churche,
lyiiiK chapeb in
t : iruli : h'.th ij. Chapelles, the one caulyd Bysshopston, and the other Luddyngton,
' .!ch an? two
: . - away from beyng members of the seyd Parisshe, and eche of them dystaunt ffrom
hurcli.
t <;
the seyd Churche ij. myles. And the preste of the same Chapelle of
f 'iiie
Bysshopston, bathe the mynute tythes of the village of Bysshop[s]ton,
for seruyng the Cure there, whiche ys not comprised, aboue, in the
Keuennewe of the seyd College, nor yet wîn the deduccouns of the
the curate of the same. And the other Curate, of Luddyngton, ys payde by the Warden,
other it paid out
as apperythe aboue in the deduccouions of the same College. Also
odowmeota.
there bathe beene nother londes, tenementes, or any possessions of the
same College, solde sythene the tyme before limyted. And the Inven-
tory of the goodes there-to belonging here-after dothe appere. [But
it does not appear.]
iMOatofthe The yearly income of this College isdown, in the same Report,
set
eoBqpB ; mod how
itia as cxxvij./i. xviij.5.ix.(/., the whole of which is expressly stated to be
]
spent in the objects of the endowment. The Report of the Commis-

sioners of Edward VI. puts the income at the lower sum of cxiij.î.
xviij.5. ; of which it says that cviij.Zi. v.s. }.d. is paid to the Warden and
others ; but it adds :
" M''. All the stipendaryes above wrytton have Besides their
hadd, all ways, besydes theyr yerelye stipende, ij.5. wekelye ffor theyr ouÛie eiVdowment
dyett, allowed owte of the possessions of the said College." That these !\î^^vV^^f 'V
"stipendaryes" hvêd sumptuously, seems shown by the further fact,
stated in the same Report, that, when the evil day of legislative plunder
came, there was appropriated " to the Kynges maî^s vse," among the The college was
rich in plate.
other possessions of this College, no less than " cclx. ounces of plate."
(4.) Report of the Commissioners of i Edward VI., as
TO THE Gild of Stratford-upon-Avon.*
Guilda de Stratforde-super-Avon in Comitatu predicto.
Terre et possessiones dicte guilde pertinentes, valent clare income of the

gild.
per annum xlii^M. xj.s.
Quatuor capellani ibidem habent, per litteras patentes, quilibet Salaries of
eorum,
...,.,.
cvj.s. viij.a.
11,
Aliter non habent promociones.

X
In toto,
chaplains.
per annum xxj.li. vj.5. viijcZ.
Item, Clericus ibidem habet, per annum, iiij.s. Et Oliuerus Salaries of the
gild-clerk,and of
Baker, Gustos horalogise ibidem, habet, per annum, xiij.5. iiij.c?. the ciock-keeper.
In toto per annum xvij.s. iiij.d.
ScolenC. MA.-. Appon the premisses ys one ffree Schoole ; salary of the
schoolmaster.
and one Will^m Dalam, Scholemr theare, hathe yerelye, for
teaching theare, by patente xM.
Foore. There ys allso gyven yerelye to xxiiij. poore men. Gifts to the poor.
bretherne of the said guilde, Ixiij.s. iiij.c?. ; vz., x.s. to be

bestowed in Coles, and the rest gyven in readye money; besydes Coais, an aims-
house, and gifts in
one howse theare, called the Almes-howse; and besydes v. or money.
Y].li. yeven them of the good provision of the m^ of the same
guilde. And the same liij.s. iiij.c?. to be payed them, euerye
quarter xiijs. iiij.c? lxiij.5. iiij.c?.
[There is a marginal note as follows:

Continuetur Schola quousque. Let the scIdoi go
on.
* Certificates of Colleges, Warwick, No. 57.

8S4 THE LEGEND OF THE FINDIKO
Note. It was the chapel which is nienlionetl in ihc Uei>ort of the

tVimmiHsioncrs of 37 Henry VIII., that led to the j)uhlicalion of
Mr. Fuher'K vnluahle work on Slralford-upon-Avon, which wuh hefîin
in 1807; seveml paintin^H represenling the history of the findiiif^ of
the holy cross having been discovered on the walls of that chupel in
1804. The progress of the work was stopjjcd through the heavy tax
imposed on authors, in the nhRpe of copies required to be gratuitouKly
piven to different institution8, under the Copyright Acta. As re-pub-
lished in 1838, it contains (when complete) seventeen coloured plates
of the paintings within the chapel, five plates of seals, and thirty-one
plates of records and extracts from records now in the possession of
the Corporation of Stratford-upon-Avon.
ITie story of the finding of the holy cross, or " rood," was so popular
in the middle ages, and gave name, in England, to so many gilds, that
it will make the subject better understood if I add, here, an outline of
that story. Some of the gilds made it a part of their business to give
a representation, in j)ageant, of the finding of the holy rood on the
day of their great yearly feast,* I have sketched the following out-
line from a long poem, written in the Knglish of the old Anglo-Saxon
times, which is printed in the last Part (15) of the publications of
the /Elfric Society.
The Legend op St. Elene, and the finding of the

Holy Rood.
A.n ai.!, iiieiiuni Two hundred after Christ's birth, and six
and thirty-three years
"**
UottBuJ after C.'onstantine became Ciesar of Rome, the lluns came down in
mif^hty force against the Romans. Constantine was affrighted; but^
In droun. Coti- in a dream, the likeness of the holy-rood was shown to him, by one
|jo!'r.r'j!^raj)!i u ^'^^ '^^^'^ ^^"^ that, with this for a beacon, he should overcome his foes.
u.M to luake
'jijen he had a rood-tree made, and borne as his standard before the
it i.i
Heri(M4n, and Roman host and the foe was smitten down. Constantine asked his
;
mule* the foe.

^^j^^ ^^^ what this food-tree meant ; but they could not tell him.
Borne '
Some however, who had been baptized, told him the gospel story, and
rr^fi-u.- in.-ii t
: the meaning of the Cross. Thereupon he was himself baptized ; and
^^ besought his mother, Elene, to go into Jewry, and seek for the true
an!i*"Th*'''"**''
m -hT to find Uie holv-rood.
8Ji i- N-^ ti Jeru- She went forth with many followers ; and at length reached Jeru-
aJ.m ; .1 A for
galem. She called together the Elders of the Hebrews, and spoke to
liif .ninn .!i ; and * ' '
b rcfu-^. i. them reproachfully. They did not understand what she meant, till one
Judas told them that he was sure she wanted to find the holy-rood;
See, for example, Beverley ; before, p. 148.

;
OF THE HOLY HOOD. 225
but he charged them not to let her know where it was hidden. There- Slic tlireatens to
bum iill tlie
upon, the elders refused to tell anything to Elene ; and she, filled with elders; and so they
holy wrath, threatened to burn them all up with fire. In this fearful give up Judas to
her ; and she puts
straight, they She besought him to tell what hiui in a pit to
gave up Judas to her.
starve.
he knew. He would not; so she had him bound, and cast into a dry
pit, and left him there to starve.
When Judas had borne this Christian kindness for seven days, his After seven days,
Judas promises to
courage was worn out, and he said that he would tell the truth. Then tell the truth.
he was released ; and he led the way to the hill of the Crucifixion. He
prayed for a mark by which he might be sure of the exact spot where Going to the hill
the holy-rood lay ; and straightway there rose up a smoke from the of Crucifixion, a
miracle shows the
earth. Gladly did Judas then dig; and, after digging twenty feet spot where the
rood-tree was
deep, he found three crosses. The three were taken to Elene ; but buried.
she wished to know which of the three crosses was the true holy-rood Three crosses are
dug up out of ;
itself. Judas did not know ; and all waited for a sign from heaven wiiich the true
rood-tree is
to make known the truth. This was at length vouchsafed, by the found by another
miracle.
raising up to life of a young man who was being carried out for burial;
and who, after being touched in vain by the crosses of the two
thieves, was at last touched by the holy-rood itself.
And now the Hell-devil grew mighty wrathful, and made a long The Hell -devil
speech, which is fully reported ; but Judas answered him in a long and Judas have
debate. a
speech, which is also fully reported. Then Constantine bade Elene to A church is built
where the
have a church built on the where the holy-rood had been
hill-side
rood tree was
found. And Judas was christened, and made bishop of Jerusalem, by found and;
Judas is made
thename of Cyriacus. Bishop of Jeru-
salem.
But Elene wished, furthermore, that the nails used in the crucifixion
The nails used in
should be found ; and these, as the holy-rood itself had been, were the crucifixion
were afterwards
made known by a fiery token arising from the earth, in answer to the found
new bishop's prayer. Following the bishop's advice, Elene had the and were made
into a bit for the
nails made into a bit for the bridle of Constantine's horse, to be used bridle of Constan-
tine's horse, as a
for a charm of safety to him in war. Then Elene went back home charm of safety.
again, bidding all men to keep, for evermore, the day of the finding
of the holy-rood. And this was done in the month of May, six days
before the beginning of summer.*
The third day of May was held sacred to the " Invention [i. e. find-
ing] of the Holy Cross."
15
3M
XII.
COVENTRY.
(a) The Gild Mercuant.*
TW nHrdianto or This Return l)ejjin8

o by
j o that the
statiutr merchants of Coventry
GoToU7. being i i-
far from tb Mft. found tlieniselves much troubled about tlieir merchandise,
through being so far from the sea ; and therefore got a
cot charter from charter (letters patent) from Edward III. for the foundation of a
SJ^rtoqulHr'b^' Gild Merchant. This charter, dated 20th May, 14 Ed. III.
'^**^'
(a-D. 1340), is set forth at full length. It recites that an inquiry
had been held, under the Writ ad quod damnum ; t and that it
had been found, by the jury, that no harm would befal Coventry,
'
'.artr or any one, if a Gild Merchant were founded there, with bre-
.. . . . .iiiaicw theren and sisteren, and a Master, and the usual powers of a
arehiiiy recwg-
^-jj^ including that of making ordinances. The charter goes on
to declare that King Edward, " so far as in us lies," enables the
men of Coventry to establish their Gild Merchant, and to make

ordinances as they list.:}: The inscription round the Great Seal
having shortly afterwards been changed, the charter of 20th May
* CCCVIII. 87. Condition, fair, but destroyed in places. Old French.

+ The meaning and purpose of this Writ will be more fully seen under
Birmingham (after, p. 240).
X As the gild could have been founded without any charter, there can
be little doubt that this charter was got in the hope of sraoothening the way
towards the licenses of mortmain which were needed to enable the gild to
bold lands and which licenses would be more likely to be given when the
;
gildwas thus formally acknowledged. There seems, indeed, to have been

some obstacle in the way of this gild as to getting these licenses; for this
Return shows that, forty-eight years after the gild had been founded, the
;
THE GILD MERCHANT^ COVENTRY. 027
was, two months later (2otli July), confirmed by an ins^jeximus

charter, under the new Great Seal.* This second charter is also
set forth ; and then follow the Ordinances.
licenses were not yet got. Probably the hitch arose through some of the
middle lords ; the license of every middle lord being quite as essential as
the license of the Crown. The way in which these licenses are spoken of
near the end of this Return, seems to point to these middle lords as giving
trouble on this matter. See after, p. 231.
* The curious facts here stated as to the Great Seal are instructive.
Superficial writers on English history often point to the frequent confir-
mations of Magna it was not much heeded.
Charta, as showing that The
facts are exactly the reverse. The Great Seal has always been held to
carry unimpeachable authenticity. But every Great Seal bears the style
of the reigning king. Parliament insisted on one king after another re-
affirming the Great Charter, under oath and the Great Seal, in order that
it might not be pretended that the obligations contained in it were per-
sonal only toany one king. The same idea is well illustrated, though in
another shape, in the present case. The letters patent (or " charter")
of 20th May were sealed with the Great Seal then in use. But, another
Great Seal having come into use soon after, the Gild Merchant of Coventry
took the wise precaution to have the same identical letters patent exem-
plified under the new Great Seal, so as to stop all quibble. This was a
new Great Seal under the same king (not the only change of the sort in
Ed. III.'s time), and not the Great Seal of a new king. But the principle
is the same, and it is only brought out the more strongly by such an
illustration.
These changes in the Great Seal of Ed. III. give rise to some puzzling
questions. We learn from the Close Rolls (14 Ed. III. p. i, m.33, 3), under
date of 2ist February, that it was, on that day, n)ade known to all the
Sherifis in England, that Ed. III. had taken the style King of France,
of
and that a new Great Seal would be theiefore made, and would be thence-
forth used all which would be explained to the Parliament that was to
;
meet on Wednesday next after Mid-lent Sunday (29th March, 1340). The
same Close RoU, a little further on (m. 35, 3), tells us that, on the ist
March following, the King gave into the hands of the Master of the Rolls
a Great Seal then newly made [de novo fahricatuin] for use in England,
and which he had brought with him from abroad the Master of the Rolls ;
at the same time giving up to the King the Great Seal that had been used
while the King was in parts beyond sea. It is added, that the Master of
the Rolls, on the same ist March, opened the purse in which the new Great
Seal was kept, and put it to use. [Eodem die aperiri, et brecia inde cou'
signari, fecit.^ This 1st March would, however, be four weeks earlier than
the time when the promised explanation would be given to Parliament
and possibly the Parliament might demur to the new seal. The Rolls of
Parliament show that much jealousy was felt at the King's having taken
228 TIIK (MM) AIKIUIIANT,
Hw The Onliimuci'8 uf the brctluTcu ami sintcrcn of the

CiKI.
rha^kim tiudi u tiiiuiv

MMl. It iw
M
lviM.li watmm
^ chunluiiiH
'
First : the brethoren nnd sistcrcn of the giUl shall find as
118 the means of the iîld cuu well ufTDrd und
tf<Um^ shall enlartre or lessen the niunher of chaijlaiuH nccDidinLj to the
Hiorc or less flourishing^ state of the gild ;
...
saving to
:
tiie ])retlu>ren
tH>iiMi until ih and sisteren of the gild who are fallen into poverty the finding
I ... t,!.;.- ...icd of their means of living, aceording as need may be, as is herc-
andUMoiiMr after said ; and also saving the reasonable costs and charges of
iwbMn(J!d^ the gild. And such cha])lains, if the gild can keep them, shall
be wise and fit men, of honest and chaste life, and shall be
ti>v >i.ii4 r and
IW irt of Uw chosen by the Majter, brethereu, and sisteren of the gild ; and
Itild. and ihiill
luiiiu dutiû they shall read, pray, and chaunt, for the welfare of holy church,
the style of King of France ; for it was formally declared, in this very Par-
liament, and admitted under the Great Seal, that the Lords and CoramonH
of England owed no allegiance to the King aa King of France, but only a.s
King of Enghind. What then waa tlie Great Seal actually in use in the
May follow-ing ? The Coventry Charter July expressly says that
of 20th
the Charter of 20th May was sealed with " the seal which we then used
"'
in England [sub slijillo quo tunc utcbamur in Aiujlia] and, after setting ;
forth the words of the Charter of that date, adds, that this charter is (on
20th July) exemplified "under the seal which we nowMsem England,"
[(tub fujillo quo nunc uiimur in Anglia]. It is therefore unquestionable
that an authentic Great Seal was in use in England on 20th May, which
was not the same as that which was in use on 20th July, though both were
used in the name of King Ed. HI. The question is, was the general use
of the new Great Seal, bearing the new style of Ed. III. as Kfng of France,
delayed until July, notwithstanding the writ sent round to the Sheriff on
2 1st February and the Close Roll of 1st March or, was the seal used in ;
July a special Great Seal, used in the King's name, but, in the absence of
the King, by the Duke (Edward the Black Prince) ? The
of Cornwall
Duke same Parliament of 1340, Warden of the
hsui \jeen declared, h>y the
kinj;<l<)m during the absence of Ed. III. in France. Bearing in mind the
facts, as to two seals, stated in the Close Rolls of 1st March, the latter is
perhaps the true explanation of this puzzle of dates and seals. The
Charter of May is tested by the King himself; that of July is tested by
the Duke of Cornwall. Still, there is a difficulty in accepting this ex-
planation, inasmuch as the above Return expressly tells us that the reason
for getting the second Charter was, that the inscription (i.e. the style of
the King) round the seal had been changed :
" Quele chartre feust apres
renouellez par mesme laiel, par cause que lescripture de soun seal feust
.''''
chaunfjcr
'
COVENTRY. 229
for our lord the King, the Queen, Archbishops, Bishops, and stated in tins
Ordinance.
other prelates and clergy of the realm, for dukes and duchesses,
earls and countesses, barons and baronesses, and all other good
men, and for the commonalty of the realm of England, and for
all the bretheren and sisteren of the gild, and for all the good-
doers to them. And if these chaplains,
^
or any of them, mis- Anydiapiain"^
misbeliaviiig, shall
behave, they shall be removed, and other fit persons shall be be removed,
put in their stead.

Also, if any man or woman of the gild, who has been helpful if any one of the
gild is overtaken
to the gild
^ to his means, has,J
accordinor 5
by
J mishap,
1
and not by
'J
by mishap, uie
gjj,, >î,jîi advance
any own, fallen into poverty,

fault of his cjild shall lend him
the o him a free loan to
^ r ' .7
trade with.
a sum of money, to trade and make gains with, for one year, or
*
two, as they think well, without taking anything for the loan.
And if any man or woman of the gild becomes so feeble, through in case of sickness
or old age, the
sickness or old-afjje,
^ that he can neither work nor trade for him- gi'tisi'a" nain-
tain the sufferer.
self, he shall be maintained, at the cost of the gild, in such a
manner as befits his need.*
No man nor woman who has been openly reputed or No one charged
,
with crime shall
charged as guilty of any shameful crime,t shall be taken into be taken into the
^
gild ; and any
the gild.
^ And if any one,
*^
after he has been taken into the giid-brother
falling into crmie,
shaii be rut out
gild, falls into any such crime, he shall be put out from the
gild.
Every year, on the feast of the Assumption of our Lady, there The giid shall
meet every year,
shall be a of the Warden, bretheren, and sisteren, to
ofathering '
to keep tiie feast
of the Assumption,
\ ^
'
and to deal with

celebrate the feast and to look over and examine the affairs of
;
the affairs of the
the gild, and all that concerns them. e''<^-
Once every quarter there shall be a gathering of the Master, once every
quarter, the g'ld
bretheren, sisteren, and chaplains, to pray and chaunt for the sbaii meet, and
^ X ./ have prayers said.
welfare of the noble King Edward, the Queen Isabella his
mother, the queen Philippa his Avife, our lord the Prince, son of
our noble lord King Edward ; for the welfare of all the bretheren
* The original of this generous clause is as follows :

" Et si ascune
homme ou femme de la dite fraternite soit si feble, par maladie ou veillesse,
qil ne purra trauailler ne marchaunder, il serra troue, a les costages de la

coucnablement solonc ce que soun estat demaunde."
dite glide,
+ The words of the original are

" Appertement allose ou esclaundre
:
de ascun crime abhominable. " See before, p. 158, and the note * there.
230 TIIK (Jll.D XUMJdiVNT,
ami sisten-n of tlic pilil ; for tlie kouIh of the thwl ;

f<r the
souls of the bretlirren niul siHtercn of the pM ; and for the souls
of the pHHl-<h>erH to the phi, and of nil Christians.
ItoaMMortiM No mU\
one of the ^ shall niisc a quarrel,
^
or uitholil any MTng-
f>M h
ilMUl Mil -1
1 1
lakMtaiViUM. to doer, in the name of the mid, or to the discredit of the ffiUl, on
quami. p^jji f |,eini( put out from the gild for ever.
o ftw dni'b . f When any brother or sister of the gild dies, each of tlie
* ^ ehaplains shall chaunt for his soul, by his name [ami sur-
Mnc 'or 1)1* MHil,
^y
^ ^*
^ **** nnvuf of baptism], for a whole year next followin;]^ ; and the
itenMBtand gidd name and surname of baptism shall be written on a
vnitm down. Mid tablet, and put on the altar, in the place where the chaplains
chaunt.
Ifainroafofute If any brother or sister of the gild dies and is buried out:ile
COd OMMld i>
karMoau*t Uie the citv, SO soon as the Master knows it, he shall call torjether all
wriPT* *.in< i\^f. chaplains of the gild, the " clerks," and the other good men of
I'.*"'
'" the ifild, and they shall fulfil watch, dirijje, mass, and oblations,
as if the Innly were present; and the " bcdeman" shall pray for
the soul of the dead, and for the souls of all Christians, at the
cost of the gild.
wiMamyoM If anv brother or sister of the gild, at the time of his death,
do* HOC IcAve
fMNuh tn pur for 18 SO poor
'
that he leaves not enouj^h wherewith to pay for his
borte). he kluiil be /^ * *'
biiried t the rot buHal, hc sliall be honorably

j
buried, as becomes a brother or
'
oTUiegild.
sister of the gild, at the cost of the gild.
T" '
in? Which articles aforesaid, the Master, bretheren, and sisteren
r; have ordamed shall endure forever, according to the purj)ort

Wept hiUicrio. thereof. And the gild has continued aud been managed accord-
ing to those ordinances.
Aiioftheziid Moreover, the said Master and bretheren shall be sworn tliat
rluill tear faith.
fur* t-. k.*p the they will, in good faith, uphold and put in force the articles afore-
nd the .Mas'er Said. And the Master shall be sworn that he will well and
h:ll ir to dr-al
T-ûiu whi, fi. loyally keep and expend the goods and chattels of the fjild ; and
t.d eep \i-AT to that he will render a true account thereof, at the end of every
reorcraii account
b^redioHrn year, bcforc auditors chosen by the bretheren.
The Master, bretheren, and sisteren of this gild have divers

; ;
COVENTRY. 231
goods ; that is to say, maser tankards,* vessels of pewter and Tiie giid possessps
.
valual)le tankards
brass, and napery, worth xx.li : and gold and silver in the trea- and oUier goods,
as well as money
sury, to the sum of xx. marks. _
"' gold and silver.
And they have also chalices, vestments, liveries, and other it also possesses
ClltlliCGS VGSt-
ornaments of holy church, for the use of the chaplains in divine ments, &c., for the
use of the
service, worth xv. marks vj.5. viij.c?. chaplains.
Also, certain well-wishers to the gild now hold certain lands, And a large
,
^ , .. , , T 1 annual rental,
nouses, and rents, worth xxxvij.w. xij.5. iiij.ct. a year; which from lands.houses,
^"d '"^"* charges,
they wish to make over to the gild
1
m

mortmain,
.
if they isheld for its use

awaiting the
can get the license of our lord the ^ and of the other
King, getting of licenses
of mortmain from
fmiddlel
- lords of-J
whom the said lands,' houses, and rents are ti'e
middle
ivmg and the
lords, so
held. ^ to becoine
vested ni the gild.
And the Master and bretheren of the gild, with the consent of Out of tins annual
T- 111T1-I1
1
those who now hold the lands, houses, and rents aforesaid, find
rental, four
chaplains are paid
salaries the gild
;
every year four chaplains ; who have, for their yearly salary, finding the need-
xxxij. marks ; the bretheren and sisteren finding such vessels ^"^"-
and naperyt as are needed, worth xl.s.
Out of the rest of the profits of the lands and houses afore- The giid also
maintains thirty-
said, and out of the goods and chattels of the gild, they find one men and
women, at a heavy
means of living for thirty-one men and women, who are unable y^^îy charge,
either to work or to gain their own living and the charge of ;
this amounts to xxxy.li. iij.s. a year.

Moreover, one of the houses before-named is kept as a They also keep a
lodging house with
o poor
lodging-house,t with thirteen beds, to lodge i
folks coming
o thirteen beds for
_ ^
poor travellers
through the land, on pilgrimage or any other work of charity,
in honour of God and of all saints. And there is a Governor of with a governor,
this house, and a woman to wash their feet, and whatever else their feet, and'aii
1 1 mi 1 o T ^^^^ *''^* '^ needed.

IS needed. The yearly cost hereof is x.li.
The bretheren and sisteren, on the feast of the Assumption of On their feast-day,
... the bretheren and
our Lady, are clad, some of them m livery suits at their
. , .
own sisteren are cUut

in livery some in
;
cost, and others in hoods at the common cost of the gild. And a f"ii iiit at their
own cost ; others
the poor whom they provide for, are every year clad in gowns *"
'J^f^.^
^^ ^!\
and hoods worth x.li. and more. Their aimsmen

are clad in gowns
and hoods by the
* See before, p. 174, note. T "Vessel et Naprie." gi'<l'
X The words are :

'
' Et auxint il ad en vn des tenement3 suidit3 vn
comune herbegerie de tre83e lites, pour herbeger les poueres venant3," &c.
2SS UILU OK lOUns ( IIUISTI,
[Thi Return Ih iiulonicHl : "Giltla Mernitoria dc C(vontro."

TluTc are throe other HeturnH from Coventry, in the biindlos
of what ninain of those that were went up in .Taiiuary 1.189.

Tw only of these are in fair eontlition ; and it will ))c enough,
in their ease, as in tliat of Hull,* to give a sliort outline of each,
without setting forth the whole of the ordinances.]
(6) Gild of Corpus CiiRisTi.t
loTi After a short preamhlc, an iiis])exiim(-8 charter cf 4th April,

dated ftith
1.
Umj, A.O. 1348. 4 Richard II. (a.d. 1381), is set forth, which confirms a license
of mortmain granted to the gild under date of 26th May, 22

Edw. III. (A.I). 1348).
Th OrdiiuuKca. The ordinances follow, as made, says the original, by the

Master, brethcrcn, and sisteren of the gild.
A *rt^h MalCT Every year there shall be a meeting to make choice of a
Maister of the gild ; who shall be sworn to be ;good and loyal
to our Lord the King, and to the Mayor and Bailiffs of the City
J,.. ,
of Coventry, and to this Gild.

A rii.tplA^n : and A chaplain shall be found : and four times a year the gild
r<>iii;ii>ni<>nitiuo
t>i tlie dtad. shall commemorate the brethcrcn and sisteren who arc dead, and
all good-doers to the gild.
Help than be If any of the bretheren or sisteren of the gild falls into poverty,
giren to those who
have mfrered through fire, water, robber}', or any other worldly mishap, not
tlirougfa Midden
being brought about through his own folly, the Master of the
gnld and the bretheren and sisteren shall give help, according
to the means of the gild, until better times come.

A liroTT niit fthall On the feast of Corpus Christi, all the bretheren and sisteren
be woni: aiul
torches luill be shall be clad in livery, at their own cost, and shall carry viij.
carried in pro*
ctmioa. torches around the body of Christ, when it is borne through the
town of Coventry.
A Tf>ar!v meeting Every year, on the Sunday after the day of Corjms Christi,
I at
t .f the the bretheren and sisteren shall meet, after the hour of noon,
>..- ; : t ht-tcr;
at the Palace of the Bishop of Chester within the city of
* See before, p. 155.
t CCCVIII. 123. Condition, fair. Old French.

] ;; ' ;
COVENTRY. 233
Coventry and there the Master shall show to the

;
bretheren and sisteren

.
last year's
-Ill
how what
'11
they have given has been spent :
wiien accounts
shall be reiulored,
and a new Master
shall be chosen.
and the same day they shall choose another Master for the
coming year.
cjrants of land and houses to the m\d,

[Copies follow of three the Gild,
c.rantstoti
'-
^ ' under the 1 ieense
^
under the license of mortmain above named, with a statement of mortmain.
of the rents arising in each case.
Then come inventories of the goods of the gild. First are put Goods of the gild,
the things used by the chaplains in religious services, and those

used in processions. The house inventory follows, showing
how well prepared this gild was for days of feasting :

There are, for the altar of the gild, a missal ; a chesible, with Goods for church
services,and for
the alb and amyce, and two " canf* copes " of " blewe satyn," and processions.
two amyces of the same colour ; an altar-cloth, with a frontel,
for the great feast-days ; * an altar-cloth, with a frontel, for holy-
days ;t four "touwelles;" two "cruetes du peweter;" a "pax-

;
brede " a holder for torches ; three torches for the body of
Jesus Christ ; three waxes ; a cross, with a spear, and four
banners, for the procession made on the day of Corpus Christi
eight torches for the same procession; a "palyoun" of cloth of
;
gold ; two " corporalles " a cheseble of cloth of silk, with albe
and amyce ; an " apparel du blewecarde " for the altar ; a chest
to put these things in : all which goods are worth x. marks.
And there are,' for the array "bankers," Goods for the
J of the hall,^ four ' array of the gild.
eight " tables," six " pair trestelles," and thirteen " ffourmes :
" ''^"
worth X.S. Also, for the "botellerie et panterie," six " bor- for the butiery
and pantry
clothes;" seven "towelles;" twelve "tankardes;" forty-six
white cups; twelve salt-cellars of pewter: worth xiiJ5. iiij.c?.
four coffers wherein to put these " hustylment5," worth iij.5. iiij.c/.
Also, for the array of the kitchen, five brass " pottes
;
" five and for the
kitchen.
" paelles," and a great stone mortar ; seven dozens of " vesselles
du peutre ;" a "brandhirne ; " and other " hustilment3 " for the
kitchen : worth myli. x.s.
* " Double festes." + "Jours ftriales."

23 i {Jin nl THE HOLY TUINITY,
(c) Gild of tmk Holy Tiumty.*
LhMMV tm wort* After a lonjj unnniMr, n license of mortniftin in set out, bcftrinj^
alii. 4m4 Um
Maii. A.o. 1364. date 23nl Maivh, 38 Eilwanl III. (.\.i>. 1364), empowering the
pUl to holil laiuls and rents. The ordinances follow.
Twn .-'
a; ,, ! V There sliall l>e two chaplains.
The hretheren and sisteren shall every year keep the feast
of the Holy Trinity ; and shall also commemorate the dead
hretheren and sisteren, and the good-doers to the gild.
H(4priHUlbe|hvMi If any brother or sister of the gild becomes so feeble, through
to taow who !
oM, or |io havt old age or through any worldly mishap, that he has not, and ciin-
wC wflli Biiiliap.
not earn, the means of living, he shall have such help, at the cost
of the gild, that he shall not need to beg his bread.
Th^ t(rk thall be If any one falls sick, the bretheren and sisteren and their
1tt(c<i, and ihaO
chaplains shall visit him, so as to know how he is, and they sliall
give him such help as is needed.

Th poor tlwll be If anyone is poor, and dies in poverty, he shall be buried at
biir H at tlie coat
of ilie jold.
the cost of the gild.
Lards of the giM. Lands and houses, worth x. marks a year, are held for the gild
under license of mortmain ; and other lands, houses, and rents,
worth xij. marks vj..<f. viij.r/. a year, are now waiting for a license.
One chaplain is bound to say mass every day in the cathedral
bcfldd. ao thnt
BCn may bear it church of our Lady, before the Holy Cross, in the morning
before going to
work.
before sunrise ; so that all people, rich and poor, may hear it,
and then go their way to the day's work.

of the The gild finds livelihood, every year, for two poor bretheren
fW.
and one sister, who are unable to work for their living, at the
yearly cost of uj.li. viij.s. \].d.
[Tacked to the foregoing, is a fragment of the Return made by

a Gild of St. John Baptist. The fragment does not contain
twelve words; and it is only by the indorsement, which still
remains entire, that the name of the gild by which the Return
was sent up, can be known. It is, however, remarkable that,
in another bundle of these Returns (CCCIX.), there is found one
CCCVIII. 88. Condition, fair. Old French.

COVENTRY. 235
from the Gilcl
tremely bad condition

of St. Joliii Baptist of Coventry.
.
: torn, dirty, and tar

I'l
otherwise
It is in ex-
than
Disjointed fm?-
meiits of aiiotli. r
giid-retum from
inviting. As it is unlikely that two gilds of the same name

should have existed in one place, it seems probable that the
latter Return has got torn away from its proper place, and that
it is really the continuation of the small fragment now found
tacked to the Return from the Gild of the Holy Trinity.*
It has been already seen, by an illustration given under the Trust put in the
., . , good faith of the
Gild of Corpus Christi, York,t and will again be seen by an giids.
illustration given under one of the Exeter gilds, how confidently

trust was put in the gilds, in order to assure the fulfilment of what
private persons sought to have done after their own deaths. But
an interesting illustration can be given, in the case of the Gild
of the Holy Trinity of Coventry, of the same confidence placed
in these gilds, and of what their chief officers were sometimes
called on to fulfil, in matters of a very different kind.;}:
The document to be now used in illustration of this state of
facts, is too long to be given at full length. So much is given
as touches the Master of this Gild of the Holy Trinity, To
explain the matter, it must be stated that Edward Birmingham,
* As it may be suggestive of other restorations of disjoined fragments,

I leave this paragraph as it was written. Several years ago, I made a com-
plete Kalendar of all the Returns in all these bundles, noting the particulars
and condition of each Return, as found in its place. The above paragraph
was founded upon a comparison of these notes, as thus made while going
through the separate bundles. Since it was in type, I have compared, at
the Public Record Office, the two pieces here spoken of and have found ;
that they are, in fact, as above suggested, parts of one original Return,
the torn edges of both exactly fitting together. On my showing the facts
to the proper authorities, the parts have been joined together again, after
a divorce of some centuries and the entire Return, thus made intelligible,
;
will be now found

Bundle CCCVIII., attached to the Return from the
in
Gild of the Holy Trinity, as it was sent up in January 1389. A memor-

andum has been put on to the Return No. 127 in Bundle CCCIX., ex-
plaining the cause of the removal of the membranes 123 126 to their
proper place in Bundle CCCVIII. t Bufore, p. 143.
X The Masters of gilds were very often asked to become witnesses to
charter deeds touching land. I have, among my own muniments of title
to an old family estate, charter deeds to wliich the names of the Masters
of both the old Birmingham gilds, with their official descriptions as such,
are found among the witnesses.
J ]
236 Gll.l) OF TlIK IIOI.Y TKIMTY,
the last, in tlc ilirtH't lino, f nn nnciont family,* who were

hnli of Binnin;;imni even IkAhv the incoming; of William the
IWtanl. marritHl. nn his first \v\U\ Marpirct. (laus^'litcr of (uranl

I)nnett. ^lu" wry soon ilirtl, l'avin<jf only one (lanj^htcr, Anne.
tBtermvor*
Eilwttnl Hirmin<;Imm nnirried, as a second wife, Elizahcth,
daughter of "the ryght worshipfvll Sr Will"* Lytk-ton,

Kny^ht ;" ami thorenj>on he made a settlement in favonr of*
his dan;hter Anne. Tliis settlement is contained in a deed

lonrinij <late the 13th day of Fehniary, in the thirteenth year of
Henry VIII. (a.d. 1522), between William Shelley, "Serfi;eannt
at the lawe," one of tlie trustees of the settlement made on the
first niamMge,t " onn the one partye," and "Edward Byrmyng-
h"m, of Bynnyngh"m in the countie of Warwyke, Esqer, onn the
other j)artie." After recitals as to the former settlement, it is
declared that the feotTees shall " stande and he seasyd of and in
the sayd mano'' of Byrmyngh"m, and of and in all other landes and
tenements, rentes, reuercions,seruices, and heredytamentes, whiehc
now l>e to the sayd Edward in possessyon or in vsc w*in the sayd
countye of Warr., as is aforesayd," to the uses following :

TiiK Mastkr of tup: Gild of Holy Trinity, Covextry,
MADE RECEIVER AND KEEPER OF INCOME AND ACCUMULA-
TIONS UNDER A FAMILY SETTLEMENT.
Lanfbinihe
*" of
Tliat -^vs to sav, and in foure pastures
^
Ivinij in the foreinc
KorT..irT>..fHir-
-^
/'
Diin^fiiAni vert<i in of Byrmyngh"m, called the Ileybarncs, nowe in the tcanurc of
* The head of ayoun^êr branch of the same family went over to Trelan'l in
the earliest 'lays of English presence there, and did great service. He was
created Lord Birmingham of Athenry a.d. 1178. The Earldom of Louth
wafl afterwards added to the honours of the family. These titles have
only lately ceased to be held by the lineal successors of this branch. The
family is still extant in Ireland, in direct descent from this old stock ; but
no one seems, at present, to have taken steps to establish the claim to the
ancient family titles. It Is a costly thing to bring together all the proofs
neede<i for establishing such ancient titles.
t The other trustees were, " the Rygh[t noble] lorde Thomas, Marques
Dorcett, S"" E<lward Belknape, S' Robert Wetton, S"" Edward GreviJe, S'
Eflward Knyghtes Gerard Danett, Edward Wetton, Esquyres
ffVrrers, ;
;
Rauffe Wryne, and Rychard Harres." In the present deed, Serjeant

Shelley represented the whole of them.
i Chapter House Miscellaneous Bag : Warwick, Bag I. No. 6. (In the

COVENTRY. 237
John Shyltone : a medowe called the lake medowe, w* a more fooffees, tosecure
the raising of
hterto adioynins:
'
called medowe more, in BvTmynerliam
lake J J o '
daughter of
"'oneys for the
aforsayd, nowe in the teanure of Humfre Holmann and Henry pward Hirming-
' ' ham by his first *'
^^^'
Dysonn : whiche sayd londes, tenementes, medowes^ and pastures,
parcell of the sayd mano^" of Byrmyngham, the sayd Edward
Byrmyngh^m couen^ntyth and grauntyth, by thes presentes, that
they be of the clere yerlye value of eight poundes, xiij.5. iiij.c?.,
ouer alle charges; and that the sayd fefifies, and alle other
persons that nowe be seasyd therof, shalle stande and be
seasyd therof, and of euery parcelle thereof, to the vse of
Anne, doughter of the sayd Edward and Margarett late hys
wyfFe, tyll the somme of one hundrethe poundes be leuyed and
payd of the yerely reuenues and profytes therof, ouer and aboue
alle charges of the receying and kepyng of the sayd money.
Whiche somme of a c.li. shalbe receyued, of the proffites of the Two collectors
shall gather in the
sayd landes, by thandes of Humfreye Symons and John Sheltone, protits of the lands,
or by thandes of any of them. And as the sayd profites and

''''
reuenues shalbe so yerly receyued of the sayd landes, to be *'
and pay the same
into the hands of
delyuered into thandes and custodye
^ ^ of the maister or maisters ^.'r,^^^**,'" 5!,^''^^
Gild of the Trinity
of the yelde of the trynitye of Couentrye, vntyll the sayd somme ^^ Coventry.
of one hundrethe poundes be payd and leuyed. And so to
remayne, to thuse of Anne, doughter of the sayd Edward

Byrmyngh^m and Margar* hys fyrst wyffe, towarde the prefer-
ment and maryage of the sayd Anne. But yt ys couen^nted
and agreyd bytweene the sayd parties, that the sayd Humfrey
Symons and John Sheltone, nor other heraft^ to be named or AVhatever in the
profits so collected
appoynted for the receying of the sayd rentes and profites, shalle exceeds ten marks
receyue yerly, of the profites of the sayd pastures, mores, and me- necessary charges,
dowes, but only tenne markes, tylle the sayd hundrethe poundes, \^ Edward uirm-
ouer and aboue the charges of the receying and kepiug of the
same, be leuyed ; and alle the resydue of the profittes, the sayd
Edward Byrmyngh^'im shalle haue to his owne vse. Alsoe yt ys
Public Record Office.) The Master of a Coventry gild was fixed upon
for this purjjose, for the obvious reason that the Master of one of the
Birmingham gilds might be thought likely to be swayed by the attach*
ment felt, on the spot, for the Birmingham family. No one could raise
such an objection to the Master of a Coventry gild.
]
*^'^^
(JII.I) or rilK IIOI.V TUIMTY, COVKXTUY.
I'" agreyil bylwciK* iho wiyd |MirtvcH to then iiuKntureH, tliut yff yt
k*MMad. liapiHUic tlie Niyd hinnfre Syinous uiul .lolm Slicltoiic, or
niiyo of them, to iloccuHe, tlmt than the sayd Will", nnd Maryo
Duiiett. widowe, ^niinU'inotluT to the Baytl Anne, or one of
theme, or the executo'^H of eny of theme, or the exeeuto"8 of tlc
exeeuto'^s of eny of theme, shallc name and appoynte two other

{KTsons to reeeyue the sayd teue markes, to tlnise and intento
HihMArof afore 8i>ecyfiet!. Also vt ys couen^nted and aLrrtvd bytwene the
P**T"*'y ?? **** sayd partyes, that yf thf niaistir or mayHters of the yeld of
JJjJJ^JJpjjJJ^
Couentrye aforsayd will not reeeyue and liauc tlie custodye,
Mttofoaod. yerlye, of the sayd tenc markes, to thuse of the sayd Anne, thane
the sayd money to be payd to suchc place or i)lace8, person or
persons, as by the sayd Will'" Shelley and Marye Danett, or by

there executors, or by the executor's of one of theme, or by the
executors of the executors of theme or eny of theme, slialbe

thought most mete and conuenyent for the salue custody therof.
[After further provision made for Anne, under various contin-
gencies, including the death of her father, the deed continues :

h!in"diJ'Sii^
*^"^ y^ y^ hajpene the sayd Anne to dye before her maryage,
and after the sayd some of c.li. or eny parcelle therof leuyed, that
Ihjiji paiy over' thauc the sayd maister or maistcrs of the sayd yelde, or sucho
'
uard pcrsonc or persons as shalbe appoynted to haue the rcccyte of
t..i..:z..wUi hia the sayd somme and sommes of money, yf the hole sommc, or eny
wi/e.
parte or i)arccllc therof, thane be or remayne in ther handes, shalle
redelyuer the sayd some of c.li., and eucry suche parte or parcelle
therof as shalbe leuyed and gatheryd at the tymc of the dethe
of the sayd Anne, ouer and aboue the charges of the receying
and kepyng of the same, vnto the handes of the sayd Edward
Byrmyngham, or vnto the sayd Elizabcthe nowe hys wyfFe, yf
she be longer lyuer.

239
XIII.
BIRMINGHAM.
(a) Gild of the Holy Cross.
[The history of this gild is specially instructive. It has

already been seen that there was a Gild Merchant in Beverley,
which seems to have included the whole of the townsmen. In
"Winchester and in AVorcester, as will be seen from documents
printed in Part III. of this volume, there were Gilds Merchant,
which seem also to have included the whole of the townsmen.
In Coventry there was a Gild Merchant, the Return from which
seems to assume that it was intended to be a general gild of the
citizens, although, in point of fact, there were several other
gilds in that city.In the case of Berwick-upon-Tweed, it will
be found that a number of " Particular Gilds " were merged into
one " General Gild " for all the town. But in none of these
cases are we able to know the circumstances under which the
gild was first brought into being ; nor can we find whether it
was (as has been heretofore alleged), a matter of course, and not
merely an incident, that a gild which embraced a whole town
should be called a " Gild-Merchant." In the case of the
Gild of the Holy Cross of Birmingham, we are able to trace
every step of its beginning, and to see that, while its establish-
ment was the deliberate work of the whole town, and that it was
thoroughly carried out for the good of the whole town, it was
yet not a " Gild-Merchant."
The records from which the story of the foundation of this
gild is learned, illustrate in a striking manner the true and
practical constitutional principles which, long ages ago, found
their home in England : of which the fundamental basis was,
that, in a sound political society, the men who make it up
240 Oll.l) OF TIIK IIOI.Y niOSS,
imiHt bo tniKttMl ; uiul that the nu'ii of overy ntiglilKmrlHXKl must

best uiulrrstand thiir own iifTairH, nnd ouglit to l)e IicKl liouud
to fulfil tluir tlulirs t> tluir lu i;;lilKui*H.*
I now îvf tniiislutioiiH (f the two roconlH which bIiow tlie
bo^nnin;; of this gild. The first of these states some earlier facts,
while setting on foot, by tin- Writ called the "Writ ad qrwd

dtimnum,'' an inijuiry, on the spot, ly men ()f the neij^hhourhood.
The second gives buch authority as the very limited power of the
Crown enabled it to give, for the endowment of the gild and ;
which pro])08cd endowment it was that made a license of

mortmain necessary.]
(i) Wkit for Incûiky, to be made by a Jury on the

SPOT, TOUCUINO THE PROPOSED FOUNDING OF THE GlLD.+
n rit od yMJn Richard, by the grace of God, King of England and France
dammim, knvd
iMli Juljr, A.D. and Lord of Ireland, to our well beloved Thomas Ilaleglie, our
1392.
Eschcater in the County of Warwick, Greeting. Whereas, on
the twenty-fifth day of October, in the sixth year of our reign, by
our letters patent, we gi'anted license to Thomas Sheldone, since
dead, and to John Collcshulle, John Goldsmythe, and William

Ai atte Slowe, Burgesses of Bermyngeham, enabling them to give
of BOftnuifai h
recftH. under and assign certain lands, tenements, and rents, not held of us in
wbich diapUUni
were to b chief, in Bermyngeham and Egebaston, worth twenty marks a
ndowed.
year, to two chaplains, for the celebration of divine service in
* In our days, instead of the responsibility being felt by the men of

every neighbourhood to fulfil all that the welfare of the neiglibourhood
requires, doclrimdrUm has superseded the constitutional life of the j)eople
by an array of costly " Commissioners" and " Inspectors," who assume to
dictate to men everywhere what they are to do. Hence, the most modest
statement of the simple but sound principles that fonn the basis of the
English constitution, bewilders many. No greater misfortune can overtake a
State than when, as now in England, the noblest branches of knowledge and
study, and those most vital to a free people, namely, the knowledge and
the study of the Institutional Life and of the Constitutional History of the
State, are neither taught nor cared for in schools, colleges, or universities.
The material for this knowledge and study is richer in England than any-
where else in the world. Some further illustrations of it will be found in
Part III. of this volume, and in the Introduction.
+ Translated from the original, which is in the Public Record Office ;
but it is, (xldly enough, there put among the Inquidtioncs i)08t mortem.
BIRMINGHAM. 211
the church of St. Martin of Bermyngeham, to the honour of God,

tlie blessed Mary his Mother, the Holy Cross, St. Thomas the
Martyr, and St. Katherine ; to be held by the said Chaplains
and their successors for ever j as in our letters patent aforesaid
is more fully set forth.* And now the Bailiffs and Commonalty
of Bermyngeham have prayed us that, instead of those letters That license never
patent, which have never, they say, taken effect, we will, for us
and our heirs, grant license that they may make and found, in The i?aiiifFs and
t i Tx 1 r^ /-N
Commonalty of
honour of the Holy Cross, a Gild and lasting brotherhood
-I
the town propose

.
to found a gild
01 bretheren and sisteren among themselves in the said town, instead,
to which shall men and women of the said

belong as well the
town of Bermyngeham as men and women of other towns and of
the neighbourhood who are well disposed towards them And :
that they may make and ordain a Master and Wardens of the with a Master
said Gild and brotherhood, who shall have rule and governance
over the same And that they may make and found there a and chaplains.
:
chantry, with chaplains to celebrate divine service in the church

of St. Martin of Bermyngeham : And that they may do and
find there other works of charity, for our welfare and that
of the Queen, and for the bretheren and sisteren of the said Works of charity
shall be done,
Gild and brotherhood, and for all srood-doers to them, and for

according to the
ordering and will
and those of of the Bailiffs and
their souls' sake all
^ o as the
Christians,' according;
Commorialty.
ordering and will of the said Bailiffs and Commonalty shall
appoint in that behalf: And moreover, that we will, for us

and our heirs, grant license to the said John Colleshulle,
John Goldsmythe, and William atte Slowe, that they may give
* The reason why the letters patent of 6 Richard II. never took effect, is
not hard to Wyclif and Piers the Ploughman were then abroad in the
find.
land, in the immediate neighbourhood of Birmingham. A chapel had been

built in Deritend (see after, p. 258), in which it is very lemarkable that
no provision was made for any chantry, or for any services for the dead.
The original letters patent of 6 Richard II. contained the clause, always
inserted in such cases, that the license could not be availed of until the
scheme had been approved after full and open inquiry made by the men
of the neighbourhood. This seems to have been found hopeless, so long as
the endowment was intended to be limited to formal church services. It
redounds much to the honour of the endowers, that they consented to
merge their original scheme in the larger work of a gild of the whole town.
16
OIO
MrI r.lMl OK TIIK HOLY CKOSS
A bcvaia of and ttssij^, to the H.tiil Mjwtor ftiul Wanlons, ei^'litocn mcssuagei^
fn^^d. In Ai4 of three tofU. \x ncrvH of liunl, ami forty HhilHii^'H of rcnta, with
the npjtirtcuncca, in IVrmyiiKeham aiul K<;clmHtou, to have
aiid to hoKl to the said Master and Wardens, and their suc-
cotisors, Masters and Wank'ns )f the said Gild and brothurhotnl,
to enable them to find two chaplains to celebrate divine service

in the church aforesaid, and to find other works of charity for
ever, according to the ordering and will aforesaid ; such lands,
tenements, and rents, not to be any that arc held of us in chief.
BotHBortb* Now we wish to know whether or not we can fulfil this prayer
without harm r danger to us or to others ; and, if it be
to the harm or danger of us or others, to what harm and what
danger, and to whose harm or danger, and how and whence ;
uid
and further, of whm the said messuages, tofts, lands, and rents,
BU(U;ttnk{
are held, and by what service, and what kind and manner of
service ; and how much the said messuages, tofts, and lands,
are yearly worth, according to the true value of the same ; and
who and how many are the middle lords of those messuages, &c.,
between us and the aforesaid John Coleshulle, John Goldsmythe,

and what other and William atte Slowe; and what lands and tenements will
land* Uie given
bavt; remain to the said John Colleshulle, John Goldsmythe, and
William atte Slowe, after the proposed gift ; and where and of
whom these arc held, and by what service, and what kind and
manner of service, and how much they are yearly worth : And
and whetiier. w^hether the lands and tenements remaining to the said John,
afler Uie gift, the
given will have John, and William, after the proposed gift, will be enough
cnoogb left to
bear aU the
cliarices incident
to fulfil the customs and services which are bound to be ren-
t" bfjth the Liiid
pveii mid wliat
dered, as well in respect of the messuages, tofts, lands, and rents
wiUbeleft;
proposed to be given, as in respect of the other lands and tene-
ments which will be kept by the givers ; and also to meet all
other burdens which it belongs to the holders thereof to bear,

such as suits, views of frank-pledge, aids, tallages, watches,
fines, redemptions, amerciaments, contributions, and all other

charges whatsoever incident thereto : And whether the afore-
said John, John, and AVilliam will still be liable to be put on
assizes, juries, and all other recognisances whatsoever, the
]
BIRMINGHAM. 213
same as their ancestors have heretofore been :

So that, so that the nei-h-
throiiiih the proposed gift, and in

. ipi
default
L' 1
of the givers, the

bourliuud shall
not hecoine more
lieavily charged
neighbourhood may not become charged or burdened more than before.
than has been wont.* We

command you that, upon therefore
the oath of good and law- worth men of your bailiwick, by Let a jury be
summoned, and
whom the truth of the matter may be able to be the better make inquisitiou
as to all these
known, you do forthwith make Inquisition t touching all that things,
is aforesaid ; and that, without delay, you do send the same,

clearly and openly taken, into our Chancery, with the seals put
thereto of yourself and of those by whom it shall be made : and
therewith send this writ. Witness myself at Nottingham, on
the loth day of July in the i6th year of our reign.
[The jury having made the inquisition on the Saturday next The inquisition is
"^'"'^ *
after the feast of St. Peter ad vincula (ist August) in the same
year,:}: say that the establishment of the gild will not bring harm
or danger to any one ; and that neither will the proposed
License of Mortmain bring harm or danger to any one. They
say through what middle lords the lands, &c., proposed to be
given, are held. A statement is added of the other property in
Birmingham belonging to the givers ; and the jury say that this
property will be enougli, after the proposed gifts have been made,
to meet all charges, customs, and services, due both from the
lands, &c., proposed to be given, and from what the givers will
still hold ; that the givers will still be liable to be put on juries,
&c.; and that thus the neighbourhood will not, by reason
of the proposed gift, become more heavily charged or burdened
than has been wont. Thereupon, the following License of
Mortmain was granted :

* Tlie original words of this most significant clause are, "Tta quod
patria, per donacionem et assignacionem predictas, in ipsorum Johannis,
Johannis, et Willelmi defectum, magis solito nou oneretur seu gravetur."
Every owner of land holds it, under the English constitution, subject to
several obligations and he cannot be allowed to be sentimentally gene-
;
rous, if the so doing will throw more obligations on his neighbours.

"Patria," in such cases as this, must be translated as "neighbourhood."
t The word ** inquisition" here means, not only the fact of an inquiry
clearly and openly made, but the further fact of putting the result of this
inquiry into writing.
X The original is fastened to the Writ. See before, p. 240.
o.%.% r.ii n or thk noi y cross,
(i) Ljrrrr.Ra Tatknt and License of Mortmain, upon the

rOl'NDATlON OF TIIK f'.lLI) OK THE lloi.Y CllOSS.*
iti*ito The King to nil. Ac, Greeting. Know yo, tliat whcrefts on
adtoiMMteiiaa the 25th OctoWr in tin' sixth yiar <f (.ur nign, ])y our letters
TUiAiîMi. patent, we L'ranteil lieensc to Thomas Shcldone, now dead, Jtlin
4.0. 1391.
C'oleshulle, John Goldsinythe, and William attc Slowe, Burgessea
of Bermyngehara, enabling them to give and assign certain lands,

tenements, and rents, with their appurtenances, in liennyngeham
and Egebaston, not held of us in chief, and worth xx. marks
a year, to two chaplains, for the celebration of divine service in
the church of St. Martin of Bermyngeham, to the honour of
God, the blessed Mary his mother, the Holy Cross, St. Thomas
the Mart}T, and St. Katherine ; to be held by the said chaplains
and their successors for ever ; as in those letters patent is more
fully set forth :
Now, in consideration of our said letters
I)atent, which have never, as is said, taken effect, and which the
Bailiffs and Commonalty [of Bermyngeham] have sent back into
TkaflonMrHeeiuc our Chancery to be cancelled, and upon the prayer of the
Bailiffs and Commonalty themselves, and for fifty pounds which
they have paid to us, we do, for us and our heirs, so far as in
us lies, grant and give license to the said Bailiffs and Com-
Lkcmeb given to monalty, that they may make and found, in honour of the
Holy Cross, a Gild and brotherhood of bretheren and sisteren
among themselves in that town, to which shall belong as well
the men and women of the town of Bermyngeham as men

and women well disposed in other towns and in the neigh-
with MoAter and ])ourhood and that thc^t "lay make and ordain a Master and
';
'Wankn*. dec. ;
'
.
Wardens of the Gild and brotherhood, who shall have rule and
governance over the same and may make and found a chantry,
;
for the celebration by chaplains of divine service in the church
of St. Martin of Bermyngeham ; and may do and find other

and to do work* works of charitv, for our welfare and that of the Queen, and
for the bretheren and sisteren of the said Gild and brother-
Patent Rolls, 16 Richard II. p. i, m. 15.

BIRMINGHAM. 245
hood, and for all good-doers to them, and for their souls' sake
and those of all Christians, according as the ordering and will
of the said Bailiffs and Commonalty shall appoint in that
behalf. And fui'ther, we grant

and ^
ffive license, for us and and to hold lands
in mortmain.
our heirs, to the said John ColeshuUe, John Goldsmythe, and

William atte Slowe, that they may give and assign to the
said Master and Wardens eighteen messuages, three tofts, six
acres of land, and forty shillings of rent, with the appurten-

ances, in the said towns of Bermyngeham and Egebaston,
which are not held of us, to have and to hold to them and
their successors. Masters and Wardens of the said Gild and
brotherhood, to enable them to find there for ever chaplains
to celebrate divine service, and to do other works of charity
for ever, as aforesaid, according to their ordering and will. And
we grant our special license to the same Master and Wardens
that they may take the messuages, land, and rents aforesaid,
with the appurtenances, from the aforenamed John, John, and
William, and hold them, to themselves and their successors,
finding thereout chaplains to celebrate divine service in the

church aforesaid, and doing other works of charity, for ever,
according to their own ordering and will as is before said ; the
statute against putting lands in mortmain notwithstanding;*
desiring that neither the aforesaid John, John, and William,
nor their heirs, nor the said Master and Wardens nor their
successors, shall, by reason of that statute, be charged, troubled,
or in any way made to suffer, either by us or our heirs, or by
any Justices, Escheators, Sheriffs, or other Baillifs or Ministers
whomsoever, of us or our heirs : Saving however, to the chief
lords of the fee, the services due and accustomed. Witness, &c.
Given at Molton, on the 7tli day of [Augusttj.
* The Statute of Mortmain (see before, p. 195, note) enabled any middle
lord, or, in his default, the Crown, to enter on lands given in Mortmain,
and to treat them as forfeited. It followed, that the direct consent of every
middle lord, as well as of the Crown, became necessary in every such case.
But, this consent being given, after full local inquiry as above seen, tlie
Crown and the middle lords were all alike estopped from claiming their
right to enter on the lands as forfeited. See before, p. 226, note.
+ In the copy of this license entered on the Roll, the word is written
]
2IG (Jll.l) OK TIIK nti.Y CUO.sS,
[The gild thus well beîn, noon nhowed its active life.
The onlinanrea ninde hy it nro iu>t known to cxiHt in any

written slinpe ; Imt other moans remain of getting Ronio
knowledge of the work it tli<l. Some leases grnnte<l hy it arc
Htill extant ; fr(m which we leani tlmt, whatever authority was
*' cntru8te<l to the Master and Wardens, the " assent and consent"
of the hretheren and sisteren of the L,nl(l were necessary to all
business transactions of any importance.* And hy the same

Ctmtmonmmiol means we know that this mhl had a common seal, which horc
the following legend :
Si<;iU' : comunc : (;;^l"Dc : sancrc : cviicis : t)c :
that is,
" The Common Seal of the Gild of the Holy Cross of
Birmingham." t
taocliUig Iksides these direct remains of the gild itself, there are, in
GUd
the Public Record Office, many original documents which enable
us to know the details of the pro])erty, and not n little of the
useful activity, of this gild, as well as the special fact that it
built a public hall for the use of the town, which was called
inditferently "the Town-hall" and "the Gild-hall." Enough
of these documents shall be now set forth to give a general
view of the character of the gild :

Juhf, but is plainly a mistake of the scribe. See before, p. 243. Most of
the letters jiateiit copied on the same membrane and on the mem-
as tliis,
branes that come before and after it on the Roll, bear tlie date of August.
* Tills was probably so in the case of most gilds possessing estates. Tlie
terms used in these leases are as follows (for example) :
"Willielraus
Rydware, magister Gilde saiicte Crucis de Bennyngeh'm, fFratres etsorores
eiusdem Gilde, de vnanimi assensu et concensu, tr.ididerint," &c. The
lease from which this is taken is in my own possession, and bears the date
ofA.D. 1426. Another lease, bearing the date of A. D. 1437, has lately been
found by Mr. Joseph Hill, managing clerk to Messrs. Best and Horton,
well-known solicitors in Eirminj^ham, which those gentlemen have been
good enough to place in my hands, and in which I find the same terms of
assent and consent. To this lease is also attached an impression of the seal
of the gild, which is in better condition than any other which I know of.
The woodcut of the gild-seal which will be found at the end of the extracts
here given as U) this gild, is taken from this impression (see p. 250).
+ Birmingham is one of the not very numerous places in England that

still keeps a name identical in sound, and almost identical in spelling, with
what is found written in Domesday Book. There is little doubt that the
old first syllable " Berm" is more correct than the modem *'Birm."
BIRMINGHAM. 2 i7
(3) Eeport of the Commissioners of 37 Henry VIII.*
Gilda sancte crucis de Birmyngh"m.
-.,.,,
[The yearly income, from
m
down detail; and amounts
rents, &c., is set ^
T
toj
y
J
XXX]i^.
. ,. ..
1].5. X.d
income
Gild.
of the
[The yearly outgoes are also down

....
and amount
detail ;
T
toJ
set in")
y
.
xxix.w. xx.d.oh.
outgoes of the
giid-
J
Et remanet clare per annum xlj.5. }.d.ob.
The seyd Gylde was fFounded by Thomas Sheldone and other, Mi^-statement 03
' *' "^
'to the fouiidation
in the xvj*^ yere of Kyng Edwarde the seconde,t to ffynd ofthegUd.
certayne prestes to syng dyvyne seruyce in the par [i] she Churche
aforseyde for euer ; And to praye ffor the soules of the same
ffounders.;}: And in the same towne of Byrmyngham there be 2000 houseiing
] 1
people in Bir-
M.M. houselyng peaple. And, at Ester tyme, all the prestes of niingham.
the same Gilde, w* dyuers other, be not sufficient to mynyster church at Easter.
the sacramentes and sacramentalles vnto the seyde peaple.

Also, there be dyuers pore peaple ffounde, ayded, and suckared, works of charity
done by the gild,
of the seyde
J Gylde,
J
as in money,
J' Breade, Drynke,
J }
Coles >
:
f
and, "i tinding money,
> }
tjread, drink, and
whene any of them dye, thay be buryed very honestlye at the ^^^^'
costes and charges of the same Gilde, w* dyrge and messe,

acordyng to the constitucyons of the same Gilde. And there
hathe bene no landes nor tenementes solde sythene the tyme
* Certificates of Colleges, Warwick, No. 31.

+ It has been already shown (before, p. 197, note) how worthless are
any historical facts alleged in these certificates. The reader has, in this
case, the demonstration before him, the original license of mortmain of
16 Richard II. having already been set out. Yet this certificate alleges
the foimdation as having been in 16 Edward II.; while, to carry the
absurdity further, the next certificate alleges it to have been in 16 Henry II.
Such is the reliance to be placed, in old times as in modern, upon
'* ofl&cial reports."
X There is nothing in any of the documents touching the foundation

of this gild as to pi-aying for the souls of the founders. The divine service
to be celebrated is stated, in this Report itself, a few lines lower down,
to have consisted in **
ministering the sacraments and sacramentals." It
is indeed true, as is proved by this and the next following Report, that
^'icoflcs of charity" were considered to be helpful to the souls of the
founders. (See before, pp. 241, 245.) The endowment of William Lenche
has the same words. See after, p. 253.

24^ OII.D or THK IIOI.Y ( R088,
before Ivniylttl. Aiul iho inventory of tin* f;o<Mle nnt! oroa-

mcntt^ to the sunie helonijiiij;. Iirre-aftrr dotlio njipcrc.
[Rut no Bucli inventory tlocs nppcnr.]
(4) Kepokt ok the Commissioners of i I^dwaud VI.*
The GuiUle of Jiriminch''m Wfts ffoundcd by one Thomas

Shehlon and other, in the xvj^h ycre of kincj Ilenrye the
llMgOd.
Seconde ;t and incorporate, ])y the name of M^ and Brcthcni
of the jûilde of tholye Crosse in ])ryniynchnin, fTor the main-
tenaunec of eertein priestes ; whcrcunto hch)nf;e landes and

oriht possessions to the yerelye value of xxxij./j. xij.s. v.rf. prima
facie : w^^ are nowe, and have !)ene of lonjê tyme, conuertcd
as well to dedes of charyte and to the comracn-wclth there, as
hereafter shall oppere xxxij.Zt. xij.."?. v.'L
"Whereof,
Oals(Mtorth
In Rentes Resolute, as well to therlc of ^Varr\vick as to
diners other, going owte of the ])remisses, \\.s. x.d.oh.rj'' -,
In stipendes of priestes and other ministers of the ehurchc,

xx7j. vj.. viij.^/. ; In ffees and annuytes, \x.s. ; ffor bread and
wyne ffor the ehurche, xx.fi.; ffor keping the Clocke and the
Chyme, xiij./?. iiij.f/. ; And in allowance ffor Reparacions of the
same possessions, eonsisting moste parte in tenementes, eom-
munibus annis, iiij.a. In all xxxj./i. xv.s. x.d.ob. q''.
So Remains xvi.5. y'l.d.q''.
Ptate nd jewels. Plate and Jewells to the same guilde
belonging; viz., three chalices of

> xxviij. oz.
silver, waying xxiiij.02.,and a nutte
w^h a cover, waying iiij.o;^, ; in aU ^
Wliercof, ij. chalices, waying xvj.o;^.,
are left ffor Adminis ....

Hoonhold itaff. Goodes, Omamcntes, and howsholld^
L a- -,
.
yx\].s. \\\].d.
stuffe, are praysed at
j
woru of charity, Thcare be relieved and mainteigned uppon the same pos-
Certificates of Colleges, Warwick, No. 53.

t See the note t on the foregoing paê.
;
BIRMINGHAM. 249
sessions of the same guilde, and tlie good provision of the Mr in iieip of the
p .. poor,
and bretherne thereof, xij. poore persones, who have their
howses Rent free, and alle other kinde of sustenaunce, as welle
ffoode and apparelle as alle other necessaryes.*
Allso theare be mainteiorned, w* parte of the premisses, and and in the repair
of bridges and
, , .
kept in good Reparaciouns, two greate stone bridges, and diners '''siiways.
ffoule and daungerous high wayes ; the charge whereof the towne
of hitsellfe ys not hable to mainteign ; So that that^ the Lacke (sic.)
thereof wilbe a greate noysaunce to the kinges mati<^s Subiectes

passing to and ffrom the marches of wales, and an vtter Ruyne staying the good
works of tlie gild
to the same towne, ^
beinc:
one of the favrest and moste
''
win he ruinous to
town.
tliis fair
proffittuble towne[s] to the kinges highnesse in all the Shyre.
The said Towne of Brymyncham ys a verey mete place,

'' ''r and 7
a free school
gjj^jjj^ ,^g erected
yt IS verey mete and necessarye that theare be a ffree Schoole J t'le town,
erect theare, to bring vppe the youthe, being boathe in the same
towne and nigh thereaboute.f
Howselinge people in the same Paroche of Brimyncham...M.DCCC. Houseiing people,
[From details given in the foregoing and other documents in Fees paid to
. . various officers of
the Public Record Office, I find that fees were every year paid the giid.
by the gild to an organist, to a gild-clerk, to the keeper of the

house and gardens of the gild, and to the Wardens of the gild
while houses belonging to the gild were allowed to be occupied,
rent free (in return, no doubt, for services habitually done to
the gild), by a woman described as "the commen midewyffe,"
and by a man described as " le Belman.";}:
* In another of the Certificates of Colleges (Warwick, No. 57), I find the

following, as to the alms-houses in possession of this gild :
" The poore. M**., there are ffoure Tenementes, Called the Almes-houses,
allowed To diners poore men and women, late of the sayd guilde, Rent fre.
And allso diuers other Tenementes, which are not above charged, amount-
ing to the yerelye Rent of xliiij.s. iiijc?., are lykewyse allowed to diuers
other poore people in the same towne."
t The circumstances attending the foundation of the Free School in Bir-
mingham will be found stated in the Introduction, in illustration of the
course taken after the legislative plunder of English gilds.
X It must be understood that what has been cited is by no means all that
remains as to this gild. But, it having been shown that the gild was begun
by the body of the townsmen, in their corporate capacity and by their cor-
250 GILD OP THR HOLY CROSS, BIUMINOIIAM.
It id imi>ortnnt to a tljort>uph uiulcrstnndinjjf of the position

of tnjc Totrti (iihh, such iu wns tlio OiUl of tlic Hi)ly CrosH of
ninniiii^hnm. to Imvr it rcmrnilnTod tlmt tlu'ir net inn was, in
TlM**OMlUir every sense, itlrntitird with tlio \vh(lc town. In ninny citieH and
luu'oiwuMiiiM towns in KnÎnnd (inohidini^ tlic City of London), the "(lild
Hall" and the "Town Hall" arc still one and the same thinj^'.
It was BO in Hinnin^ham before the ini(|uitouR plunder of the

p'lds which took place in the time of Edward VI. The fornuil
I0( dcKcrij)tion of the buildinpf, in many dociuncnts in the Public

Ikb bUii feB
Record Office, is, " U Towm Uall, alias dkC le Guihle Hall" But
IWllMrUilt this fact, and all the "works of charity" done by the f,Mld,
rllh
O^town, nor
trarin of cluirilT
don*, aved Um
t))
A remarkable, and, so far as

i/t
availed nothing to stay the ruthless raj)acity of
I
hungry
know, a unique instance of sur-
courtiers.
<
vival, notwithstanding^ this rapacity, is found in the fact that
a body which was called into existence to do the same sort of

" works of charity " as were done by this gild, escaped the hand
of the si)oiler at this time, through (as it seems) the saving of
the life-interest of the founder's wife ; and it has come down to
our own times, still doing, in IJinningham, the " works of
charity " which the old Gild of the Holy Cross was accustomed
to do more than four hundred years ago, " according to the
ordering and will of the IJailifls and Commonalty" of the town.
Tlie curious facts as to the thus happily saved relic of the
old gilds of England, will be found next following.]
Of
5cal of tijc ?i?or2 ro$0,
\\)t GilD iJfrmingfjam.
porate name, and it having been further showTi, upon the admission of those
who were set to make out a case against the gilda, that this gild fulfilled
important public works, it is unnecessary to extend the citations.
GILD CALLED " LENCHE S TRUST/ BIRMINGHAM. 251
(6) Gild commonly called " Lenche's Trust.'*
[This Gild is a direct off-shoot of the Gild of the Holy Cross, special endow.
,
An endowment was put
iTir/rY
into hands oi
tlie leoiiees,
1
who were,
nient for works of
charity,
after the death of the founder's wife, to do the same sorts of

" works of charity " as the Gild of the Holy Cross was established
to do, " according as the ordering and will of the Bailiffs and
Commonalty shall appoint." Had this endowment been merged
in the gild, it would have been lost to the town.*
Many instances have already been given of the foundation, as Such endowments
of gilds were very
well as the endowment, of gilds by one or more persons. In common,
several cases it has been seen that, though the property was
used towards the purposes of the gild, it remained still in the
hands of persons generally called " feoffees," and was subject, in
fact, to their disposition ; and that, sometimes, no license of
mortmain was, through whatever cause, obtained for many
years, perhaps
never, t The present is another case, though
happily a more lasting one, of this kind.
One William Lenche, living in Birmingham at the end of the The facts of this
_ ,
endowment.
fifteenth and beginning of the sixteenth centuries, and the
owner of lands there and in the neighbourhood, wished, being
* No doubt the feoffees of William Lenche carefully avoided using the

name of " Gild," after the legislative plunder which had befallen the bodies
so called. But for this, the "Trust" would assuredly have soon been
called a "Gild." There is, in the British Museum, among the Harleian
MSS,, a curious instance of a body of feoffees formed, as far as can be
made out from wills and ordinances, under circumstances veiy much like
those of Lenche's Trust. But these feoffees having unfortunately been in
too great a hurry to call themselves a " gild," they fell, with the others,
on the hapless day of the massacre of the gilds and the plunder of their
property. This case happened in Bury St. Edmund's.
+ Two marked instances of this will be found in the eases of the Gild
of SS. Fabian and Sebastian, Aldei-soate, London (before, pp. 12, 13), and
of the Gild Merchant of Coventry (before, pp. 226 note, 231), In each case
the independence of the feofiees is expressly admitted on the face of the
Return. Numerous other illustrations of the same thing could be given. In
such cases, if no license of mortmain was got, as well from the Crown as from
all the' middle lords, before the year 1547, the feoffec^s may, by skilful
tact, have saved their trust from the general plunder. But I do not know
of any other case in which this happened than tliat of '
Lenche's Trust."
;
252 OILD CALLED " LKNCHE's TUl HT/
chiMK^w. to fulU>w the exnmple f the firnt eiulowcrs of the OiUl

of the Holy CrtHH. lUit he wisheil. nt the sniiic time, to OHHuro
to his wife, whih* Hhe live*!, tin- income from liis estate. So,
insteatl of p-ttin;; licenses in mortnuiin to enalde him to vest liis
hiiuU in the CliM of tlie Holy Cross, he made n deed of feoffment,

Testing them in pei-sous therein named ; l>ut recjuiring these
fwiffV'es to pay the income to his wife while she lived, and after-
wanls to apply it to identically the same " works of eliarity " as it
has heen seen that the (Jild of the Holy Cross charged itself
with fulfill in;,'.*
The original deed of feoffment still exists, together with the

ilnA.D.
lB8k declaration Ity William T^cnche of liis intentions. In 162K, an
Inquisition was made under the Statute of 43 Elizabeth, cap. 4.
This in<|uisition was made on the spot, hy a jury of the in-

dwellers of liirmingham, to learn what had been done in the
matter of Lenehe's endowment. The inquisition was duly niadc
and recortled, in the same manner as the inquisition had been
made and recorded before the founding of the Gild of the Holy
Cross itself. A Decree followed upon that inquisition, which re-
affinned the j)urposes of the original endowment. From these
documents and records, the purposes and ordinances of this relic
of the old English gilds become plainly learned.]
(i) Declaration of the intent of the feoffment of

LeNCUE's LANDS.t
OrigiiMl dedMft- Md., the xj^^ day of marche, in the xvij**' ycre and raync of
tioo,byWiUtem
lAtndhe, of the
intent of liu
ourc soueraynge lorde kynge henry jjc viij*^^', that this ys the laste
nu'M^^t.i'l^'D.'' ^^T^Je and Entent of Wylliam lenchc, of Byrmynghnm, vppon liys
152| dede of feoffement, Datyd the day of the makynge of this pre-
sent wrj'tynge, made vnto John shyltone, of byrmyngh-'^m aforc-
seide, Rycharde Swyft of the same, Roger redhylle, and other
* That this was so, is made certain by the deed of re-feofFment of 1540
which expressed, in terms, the precise intentions of the endower, after the
wife's death. (See after, f)p. 255, 256.)
+ From the original in the possession of Mr. Charles Best, as Solicitor
to " Lenehe's Trust." I am indebted to that gentleman and to Mr. Arthur
Ryland (lately Bailiff of the Tru.st) for the opportunity, with consent of
the feoffees, of making use of these original documents.
BIRMINGHAM. 253
moo, as more playnly dotlie ape}Te in the same dede, of, in, and
Appon, all his landis and tenementis lyinge and beynge wîn the
lordshippis of byrmyngh^m, Bordysley, Aston, Dudston, Salteley,
Nechellis, and lyttyll bromwyche, wîn the Cowntye of War-

wyke. ffyrst, I the seyd Wylliam lenche wyll, that the seid
feoffes shall stande Seasyde of, in, and Appon, alle my landys
afore-seide, w*^ ther appurtenauncis, to the vse of me the seid
Wylliam lenche, and Agnes my wyffe, dewrynge oure lyvys, and
the lenger lyuer of vs : And, after the decesse of me the seid After death of
1 11
Lenche and wife,
wylliam lenche and Ajjnes my wyffe, I Wylle b* my seide feoffes the feoffees to hold
shalle stande seasyd in ffee of the premyssis, to, ther vse and works of charity,
profettis of the same, to dystrybute in Warkis of Chary te, ^'^^^^^

for ''f^^^ljj'^
the heylthe of the forseid wylliam lenche sowlle and Agnes his
wyffe.*
Note. It will strikingly illustrate some points closely connected

with the history of English gilds, as touched on in the Introduction, if
William Lenche's separate disposition of his personalty, by will, is
here added. It is as follows :
"IN THE NAME OF GOD, AMEN. In the xxiiij. dale of the WiiiofWiihara
I
Lenche, dated
monethe of Marche, In the yere of our Lorde god m.v.xxv., I, 24th March, a.d.
. 1524-.
*
William Lenche, being of hool mynde, make my testament, in maner
folowing : ffirst, I bequethe my soule to allmyghty god, our blessid
lady seynt mary, and all the holy company of heven ; my body to be
buried wîn the chirche of seynt marteyn of Byrmyncham. Also,
I bequethe to the Raperacoun of the saide chirche, for my sepulture,
vj.5. vn].d. Also, I bequethe to euery preste present at the daie of
my burying, y'l.d, ; And other Clerkis and mynestris after the vse.
Also, I bequethe to seynt mary house of Coventre, xij.c?. Also, I
bequethe to seynt Chad of Lichefeld, xij.c?. Also, I bequethe to the

highe Aulter of Byrmyncham, for my tithis forgoton, ij.5. Also, I
* The deed of feoffment, to which the above is fastened, has, since 1628,
undergone a strange mutilation, the object of which it is impossible to
understand. The names of two of the original feoflfees, as written in the
deed, and which remained there until after 1628 (for they are stated in the
inquisition taken in that year), have been scratched out. As several
feoffments had then already taken place since the date of this deed, this
mutilation was a mere act of wanton mischief. It could in no way affect
the title.
854 niLD CALLED "LE.\CIIE*8 TllLST,'
will thai my oliitc be ol)hcruc(l cucry monctlu- in the ycrc Mowing

after my iIccc.iko : for cucry ohito, to prrstiN and clcrkis, iiij.. Also,
I l>c(]ucthe to the Rriwirncion of the i>a[ve]menliH of Kf^haston Htrectc,
iij.#. iiij.t/. Also, I hcMjuethc to cucry of my ^jod-childcrn, iiij.'A
AIbo, I hcqiu'the to John Sliillonp. vj.*. viij.t/. Also, 1 IhmiuiIIjc to
Ilichard Swyft, vj.5. vuj.d. Also, I hccini'tlic to William Symondis,

vj^. riij.rf. Also, I hequethe to Koj^cr llrdhill, vj.s. viij.f/. Also,
I hctjnrthc tt) John IIi|)Ui;. vj.s. viij.f/. Also, I hc(juct)ic to cucry
of my ffeofl'ees, xij.f/. Also, I beciuothe to William I'ayntono,
ray seruaunt, xx.*. Also, I l)e(iucthe to Roger llawkys, my

seniant, x\.s. Also, I bequethe to William E;4ynton, vj..v. viij.rA
Also, I bcciuclhc to John BowncU, vj..v. viij.f/. Also, I bc(juelhc to

Aj^ncs S\vai)ston, iij*. iiij.r/. Also, I l)0(|ut.'the to Margrct Varnain,
iij^. iiij.r/. The Residue of all my goodis, my dettis paid and this
my testament iultillid, 1 give and be(jncthe to Agnes Lenche, my wife ;
Whom I ordcigne, constitute, and make, my soole Executrice. And

I make my super\'is()rs, Ilumfray Symondis, gentilman ; Thomas
Norres, preste; William Segwyke ; and Roger ffoxall. And I
bequethe to Humfray Symondis, for his labor, x\.s. Also, 1 ])C(|ucthe
to Sir Thomas Norres, for his labor, xiij.-v. iiij.f/. Also, I bc(jiiclhc to
William Segwyke, for his labor, vj.*. \u]d. And to Roger ffbxall, for
his labor, vj.. viij.c/. Theis witnesith : Sir Thomas Norres, Curat
off Byrmyncham Sir ; 'i'homas Commerbache, Chapleyn ; George
Gullson And other."
;
This Will shows that the endowment put by William Lenche into
the hands of feoffees, for doing " warkis of charyte " in the town,
was no piece of vanity, nor in neglect of social duties. In this Will he
bears in mind, not only the ofhces of the Church, but all his friends
and connections, and even the feoffees themselves, while he leaves
a sum (not a trifle in those days) for the doing, immediately, in one
street, what the endowment was intended more largely to help in
doing, after his wife's death, throughout the town.
Probate of this Will was granted, on 27th June, a.d. 1526, in the
joint names of Cardinal Wolsey and Archbishop Warhara.*
TbeWoriuof [The words " warkis of cliaryte," used in the above declaration
CluuitTtobe done
under this endow. same as what are used in the writ
as to Lenche's lands, are the
Mne'kind as thfe for ad quod damnum, and in the license of
the iuquisltion
done by the fcA(\
of the Holy C'rou. mortmain, touching the foundation and endowment of the Gild
Cardinal Wolaey is thus described: "Thomas, miseracione diuina,
tituli sancte Cecilie 8acrjsancte Roinane ecclesie presbiter CardinaliH,
Eboraci Archiepiscopus. Anglie Primas et Cancellarius, Apostoliceque
sedifl eciam de latere Leiratua."
BIEMINGHAM. 255
of the Holy Cross.* It has been seen that, as matters of fact
admitted even in the Certificates of Colleges themselves, the

" works of charity " done by that gild were in the shape of
and highways, and (2) maintaining alms-
(i) repairing bridges
houses and giving other help to the poor.t William Lenche,

while assuring an income to his wife so long as she survived him,
sought the same objects. His wife surviving him for some years,
the first formal statement of the practical application of this
foundation towards " works of charity " in the town, was made
on the 29th March, 1540; which was made, it cannot be
doubted, in express fulfilment of his known intentions. The
master of the Gild of the Holy Cross was, at the same time,
named one of the feoffees. It will be seen that the following
ordinances, which still remain the laws binding upon this " last
of the gilds," are identical in character and spirit many with
of those older ones which are included in the Returns made in
1389:-]
(2) The Ordinances of the Gild.
rit was found, ui)on the Inquisition, that, in the deed of Ordinances in the
feoff*ment of 29th March, 1540, it is stated that the purposes of ^^^<^^^ a.d. i540.
the endowment, and the duties of the feoffees, were, to] apply
and distribute all the issues and proffitts ariseing or growing
out of the premisses, in manner and forme following Two feoffees shall
^ viz*., That be yearly chosen :
two of the ffeoff'ees aforesaid, with the consent of the rest of the ^^ ^^ '^^* *"^
* " Opera caritatis " are the words used in the original of each.
f See before, pp. -247-249,

X The whole of what follows is taken from the Inquisition and the
Decree of 1628, both of which are in the Public Record Office. The
former of these traces the history of " Lenche's Trust " from its beginning
till1628. The latter confirms and re-states the objects of the endowment
and the manner of working it. The course of the feoffees is indeed stated
in the latter with more fulness than is done in the deed of 1540 but there ;
can be no doubt that it is so stated in accordance with the long-established

practice. The Inquisition is in Latin the Decree is in English. The
;
feoffees have an old translation of the inquisition, which I have used for
so nmch as is taken from that record, save where, as sometimes happens,
there is a flagrant mistranslation. The great length of these documents
prevents my giving more than the extracts that follow.
;
2o6 OIl.D CALIJiD " I.ENCIIK's TUTST/
VMVH* Ih* NBlS llctjriH.> or the major jwirt if tluin, l>y their common nomina-
ciouii niul appointment, hhiiuld receive ycurely the rent antl pro-
flitta of the premi.Hses, nnil the name distrilmtc fir tlie uneM
(1) lath* I
folIowinj : viz*., (Tor the repairing tlie ruinous waies and
bridges in and aliout the same Townc of Birmingham, where it
(l)or sliall want ; An<l. for (Kfault of such uses, should bestowc the
lolMlplte
r; renta and proftitts of the premisses to the poor livcing within
tlie Towne aforesaid, where there shall be most need, according
to the oppointmcnt and disposieioun of the said ffeoffees for the
(3)orlooUMr time being, or the major part of them ; or to other pious uses,
according to the discreciouii and appointment of them the
ffeoflfees, or the major part of tlicm. And that those two of
The tt*o choMO the ffeoffees aforesiiid who have been elected and nominated by
the rest of the ffeoffees to gather in the rents and proffitts of
Uwrwftan
ceoant of the the premisses, and to distribute them in manner and forme
dirtritNiUoii;
aforesaid, should yearely, in the end of the ycare in wliich tlic}
were elected, in St. Katherine's Chapel, in the parish church

of Birmin;;ham aforesaid, before the rest of the ffeoffees for the
time being, or the major part of them, render a reasonalile
accompt of the distribucioun and non-distribucioun thereof,
when they shall be thereunto required ; and the rents and

and dia]l deliver proffitts of the premisses not distributed, shall there deliver
over mil uiupeot
moneys. or cause to be delivered to the rest of the ffeoffees or the major
>\*hen only seven part of them. And alsoe, that as often as it shall happen that
feofTtca reuiain
livir.^.are-enfeoff- seaven of the said ffeoffees dye, those seaven who shall be then
meiit, to fourteen,
stiaJI be made liveing shall enfleoffe of the premisses certain other honest men
And o tlie fefff-
nient be renewed
for CUT.
of the Towne of Biniiingham : Who, soe being seised, shall re-
enffcoffe the said seaven who shall survive and other seaven
honest men within the Townc of Birmingham aforesaid ; soe,
that is to say, that the said ffeoffment shall be renewed for ever
in the same manner as is abovemeiiciouned.

Ordinances in the [The Decree made upon this Inquisition, and which has, to
I>ecree of a.d.
1628. this day, the force of law, under the Statute 43 Eliz. c. con-
4,
firms the i)urpose of Lenche's endowment, and the manner of

Tiie rame emjOoy- working it. Thus, the rents and profits] shall for ever here-
made of the funds. after be imjdoyed to the same uses [as are stated in the deed of
BIRMINGHAM. 257
2 9tli March, 1540]; that is to say, to repaire the waies and as was ordained
bridges ruinose or in decay, or hereafter to be ruinose or in i54o.
decay ;
[and, in default of this use, to the poor of the town] ;
or unto other godly uses, according to the order and discrecoun

of the said ffeoffees.
And that the said two ffeoffees shall, vppon the Tuesday in The yearly
account shall be
Easter weeke, make their iust accompts, before the rest of the said ^^de on Easter
Tuesday, before
ffeoffees, and other the enhabitaunts of the said Towne of Bir- t''f feoffees
and
other townsmen.
mingham, of all their Receipts and disbursements during the
tyme they haue exercised that office ; And that, if any money Moneys in hand
shall be paid over
shall remayne in their hands,' that the same shall be paid
*
to the * two officers,
'
who shall be
rest of the said ffeoffees, to be deliuered over to such other two y^^'^y chosen.
as shalbe chosen into the said office for the year following. And
that, vppon Tuesday in Easter week, yearely, in the afternoone. The meeting for
this purpose shall
vppon the tollinj?
^' for the purpose
of a bell,' such meeting, r r afore- ^^ held on the
^/ tolling of a bell.
said, shalbe had, and the like accompte shalbe made and taken,
and two new officers chosen for the purposes aforesaid.
[Long
*-
leases are prohibited :* and leases are only to be made Long leases are
forbidden.
for twenty-one years in possession. Rents may be abated] for
the releafe or ease of a poore tenaunte.
[The feoffees must be renewed from time to time, as stated in The feoffees must
be renewed from
the deed of 29th March, 1540; and all so appointed shall be time to time,
of] the most honest and sufficient enhabitantes within the Towne
of Birmingham.
[All deeds, writings, &c.] shall be kept in a chest to be pro- Aii deeds and
"
^
writings shall be
. . .
vided for that purpose : the said chest to be kept in the parish kept in a chest,
* ^ ^
^ having three loclis
Church of Birmingham aforesaid, or in some other convenient thereto.
place, as to the said ffeoffees or the greater parte of them shall be

thought fitt. Ye sd chest to be locked with three seuerall lockes
at the least, w^^ shalbe kept by three of the said ffeoffees. And
such and so many of the said ffeoffees as will, shall and may Every feoffee may
take notes or
take notes or copies of all or any such deeds, writings, and copies of any
deed or writing.
evidences.
* Several leases had been granted for 99 years ; others for 2 1 years after
the end of a lease then in being. All such leases are declared to be void
in law.
17
258 Oll.n OF 8T. JOIIX TIIK HAPTIST OK DKRITKNI),
Anil for thnt wo aro cn-^liMy givin to uiuWrstuiul Ouit the
bridge callctl Dirriili'ii Hriilijo is in fprcnt chniy. wo <!( jnd^'o,
onler, and dt-oroe. tlmt the sai<l Hrid^^'c shull, witli all convenient
Bpo<Nl, be roimiriMl and anundel hy and out of the Rentes and

prufTittcs of the wiid preniiHseH, as the sanic may be had and
nwT b raisetl. And that the s** (Teoflfecs, or the greater parte of them,
shall and may sell wood and timber from of[f] the said prcmissen,
nfmln
thenby to raise money to-wardes the repairc of the said Ikidge,
allowinge reasonable tymbcrfor the present repaire of the Build-

injjs uppon the premisses, to be provided or reserved vppon the
said Leases.
[The "Warkis of Charyte" ordained by William Lcnche,

A.D. 1525, to be done in Birmingham, still continue to be done
there by his feoffees, in the spirit, and as near as can be to the
letter, of these old ordinances.*]
(c) Gild of St. Joun tue Baptist of Deritend.
[The old formal description of Birmingham was, "The

Borough of Birmingham and Deritend ;" the hamlet of
Deritend, though in a different, but adjoining, parish, being
a very ancient, and by no means the least important, part of
the borough and lordship. A separate gild existed in the
An old Gildio hamlet of Deritend. This is proved by a long series of charters,
I>eritnd.
forming part of muniments of title in my own possession. Not
only is this gild continually named in these, but it is named
Cliapcl built in on account of houses that belonged to it. There was also
I>eritnd, a.d.
1375; founded in Deritend, in 1375, a chapel, which was liberally
endowed by the inhabitants ; but as to which it is remarkable
that, neither in the agreement made as to services therein, nor
in the declaration of the purposes of endowment contained in
* The annual income was, in 1868, over 2500 a-year, and will soon be
mucl) greater. Other gifts were, later, added to the original endowment
of William Lenche ; but they were made for the same purposes, and are
vested in the same feoffees. The " Trust" therefore rightly keeps to the
name of the first and largest endower.
IN BIRMINGHAAf. 259
the License of Mortmain, is there any provision whatever made but without any
for any chantry, or for any services for the souls of the dead.
So entirely unprincipled, however, were the proceedings that
were taken to grasp as much as it was possible to bring within
that scheme of legislative plunder under which the English
gilds were annihilated in the time of Edward VI., that the
property of the old gild of Deritend, and that of the chapel en- The Giid and the
dowment, were mixed up together, and were both described confused^togethe^rf
as belonging to a " chauntry," though no chantry ever existed chantJ'y jn orde^r
in the place ! To illustrate these facts, necessary to a true seizure'ôf the

knowledge of the story of English gilds, but which would both.""^^"*^
otherwise be deemed incredible, I now quote some of what

is said, in the Certificates of Colleges, about the pretended
chantry of Deritend, but which really mixes up together the
endowment of the gild and of the chapel.*]
(i) Keport of the Cojisiissioners of 37 Henry Vlll.t
Cantaria de Derettende in parochia de Astone, ac infra

Dominium de Byrmyngh^m^ in Comitatu predicto.
FThe yearly income, from rents, &c., is set 1 ... ,. . ,

income of the
^ xnllL xix.d gild.
\
,
down, m one sum]
.
J
).
[The yearly outgoes are set down in detail "] ... _ .. , Outgoes of the
.
^ ) XllJ.W. V.5. 11. a. gild.
and amount to]
J
Et sic in superplus iij.5. \\].d.
There ys no ffoundacyon of any suche Chaunntry, but a
* It is interesting to catch unprincipled people tripping. Though the

Commissioners and their followers were careful to speak only of a "chauntry"
of Deritend, yet in one document, still in the Public Record Office, I find
an interlineation of the words " sive Gilda." Thus the truth got blurted
out upon the face of the record, in a moment of inadvertence or of con-
science-smiting. The facts as to the Gild of St. John the Baptist of
Deritend will be found stated in the first part of my " Memorials of Old
Birmingham," (published in 1863) while facsimiles and translations of the
;
Agreement and License of Mortmain touching Deritend Chapel are given

in the second part of the same work (" Men and Names :" published in
1864).- This agreement is what is called, in the following Reports, a
*' composicyon or ordynaunce."
t Certificates of Colleges, Warwick, No. 31.
;
MO OILD OP ST. JOHN THK BAPTIST OF DBRITENI),
OScM rmfuMna cortnvnc coin|K>sirvon or onlviKunifc mal* lotwcnc tlic pnor

mtkmmttj,
MdfUd. nml inuiikcH of the Into Miiasti rye of TyklTonli', wlnrlic ware
|>cnitns of Aston ami Prrctomlo, on that one jmrtyc, and S*^ John
Bymi\Tigh*m, Kny^'ht, antl the inhahit4Ui8 of the Banie luinilct
caulcii Dorctonile, on that othtr partye, by thassent and consent

of one KolK'rt, RyshhopjH; of Covcntrye and Lydieflelde ; Tliat
the seyd inliabitans of Dcretendc niyght hauc one Chapeleyne to

celebrate D}'A'yue seruyce wîn a Cliappellc there of Saynt John,
ncwleye erected and maydo, and also to niynystcr vnto them all
Sacranicntos and Sacramcntalls, Beryinpjcs except ; by-cause tliey

be ij. niylcs dystaunt ffroni there parisshc churche, so that, in
'W'}iiter season, the seyde parisshyoncrs coulde not go to there
parisshe churche w*out greatc daungcr of pcrysshyng. And

there be aboue cc. houselyng peaple wythe-in the seyde ij.
IMopb.
hamletts.* And at thys i)rcsent tyme there be ij. prestes
where-of the one serujTig tlie cure, and the other teaching a
grammer schole. There bathe bene no other landes belongyiig
to the same Chappelle syns the time before lymytcd, more then
ys before ex])res.sed ; and the Inventory therc-of hereafter dothc
a])pcre. [But no such inventory does ai)pcar.]
(2) PiEPORT OF THE COMMISSIONERS OF I EdWARD VI. t
OflcU confa rfoD Y Chauntrc of Deriatende hath no ffoundacion, But a

chantry,
and gild, certaine Composicioun or Ordenaunce bctwene the Prior and
n|Nfttd.
monks of the late Monasterye of Tykforde, being patrones of
the paroche of A.ston nere Brjinyncham and Deriatend, on thone
partye, and S^ John Bryni^-nch^m, Kniglit, and tliinhabitauntes
of Deriatend, on thother partye, v/^ thassent of one Rol)ert
Byshopp of Coventre and Lichefeld ; That the inhabitauntes

of the said Hamlett of Deryatend shollde haue a priest to
celebrate divine seruice in [a] Chappelle theare newlye therefore
erecte, and to minister alle mauer off Sacramentes and Sacra-
* The "two hamlets" were Deritend and Bordesley both of which are ;
named in the "composicyon or ordynaunce," though it Ls not bo said above.
+ Certificates of Colleges, Warwick, No. 53.

]
TN BIRMINGHAM. 261
mentalls (burjinges onely except) ; In whiche seruice arc nowe

two priestes. And haue landes and possessions to the yerelye income of the
gild.
value of xiij.î. xix.d.
Against w^h
In rent resolute due to diuers persons, going owte of the
premisses, lxxij.5. \u].d. ; To two priestes mynystryng theare, Outgoes of the
that ys to saye, S^ Edmunde Kaye (c.s.), and S^ John Mote

(c.s.),=.x.li. ; amounting in alle to xnj.li. xij.s. viij.ci?.
Et rem. nil, ffor the s^plusage ys xj.5. j.c?.
Md. Plate and Jewells thereunto belonging, \y].oz. piateandjeweiis,

partly in pledge.
Whereof one crosse, wayinge l.oz., ys remayninge in the hands
of S^^ Fulke Gryvelle, Knyght, in gage for iii^.U.'^ and chalice
in thandes of the Incumbentes, vj.oz.
Goods and omamentes thereunto belonging are praysed at x.s. Goods of the giid.
[In the margin of this record is written as follows :

Ther is a chapelle
^
at ease for the same towne of Deriatend, Alleged chapei of
ease.
beiuge devided ffrom their paroche churche w*^ a greate Ryver.*
* This statement must have arisen out of the confusion caused

by the
mis-statement as to a chantry, made and the foregoing Reports.
in both this
There never was any " chapel at ease," any more than there ever was any
"chantry," in Deritend. Deritend Chapel (see before, 258) was, and still
is, wholly independent of the parish church of Aston. This chapel is
mentioned in Kennett's "Parochial Antiquities" (eJ. 1695, p. 595),

under the name of "Devetan." But the facts are as incorrectly stated
there as ia the name. See the note before, p. 259.
20
XIV.
CAM lU: I DOE.
(n) Gild of Holy Trinity.*
his Return unique among those sent up in 1389, both in

is
T tlie manner and the matter of it. Beginning with some

Tiie Return is lines addressed to the Lord Chancellor by the bretheren of the
ddrewnd to the m i i i i -r*
i i r
c
Lord ciiaiKMUor, gild who make the Keturn, it then, instead of giving a copy ot
and Mta forth the ordinances, sets forth at full length a decree of the Consis-
That dccrcc begins by stating that the ordinances
rirtoryof Ely. *^T ^^ ^b'-
were shown to the " Official of Ely and Commissary of the
Bishop of Ely,"+ on ist May 1384, " according to the course and
comjmtation of the Anglican Church."]: The ordinances are
then set out at length in the decree, beginning with the names
CCCIX. 54. Condition, fair, where not damaged by three holes that
have been pierced through all the leaves. Latin. This very interesting
Return is ma<le up in the fomi of a book. Other examples of the same
thing have been given of Part 1. (see before, pp. 37, 40). The present
book contains eleven leaves, each "j^ in. long, by 5 in. wide. All the twenty-
two pages are covered with writing, except the first, on which are only
written the words " Gilda Cantebr' " by way of title to the Return. The
ordinances themselves fill ten pages. All the rest is taken up by the
preamble, the decree, the notarial attestation, and the Bishop of Ely's
Indulgences.
+ Called hereafter, for the sake of shortness, the " Commissary,"
X It would save much contention and mistake, if it were better known
than it is, that the Church of England was distinguished, long before the
" Reformation," as the Anglican Church, and the Church of Rome as the
Tioman Church. The words **
secundum
of the original in this case are
cursum et computacionem ecclesie Anglicane." In a document within

three years of the same date, to which the Bishop of Coventry and Lich-
field and several other ecclesiastics were parties, in 1381, a certain monastery
is described as " ad Jlomanam ecclesiam, nullo medio, pertinens." (See the

second part of "Memorials of Old Birmingham : Men and Names," p. 54.)
GILD OF HOLY TRINITY, CAMBllIDGE. 263
of the seven founders of the gild. The substance of these ordi- The ordinances.
nances is as follows :
De Officiariis. There shair be one head of the Gild, who The officers of the
gild.Analdennan,
shall be styled "Alderman." There shall also be two Stewards, two stewards, and
''
a dean.
who shall gather in and deal with the goods and chattels of the
Gild, and shall trade with the same ; and they shall give an
account thereof, and of all gains thence arising, to the Alder-
man and bretheren, and deliver them up as is hereinafter said.
They shall take an oath of office, and moreover find two sureties.
There shall also be a Dean of the Gild, who shall enter the
names of new-comers ; * give warning to the bretheren of
all the times when they must meet, and make record of the
warning ; write down moneys received and fines that are due,
and levy the latter j
give out to needy bretheren their allow-
ances, as is below said ; carefully see that all is rightly done on
the burial of any brother or his wife ; t and range the bretheren
in becoming manner when they meet.
De Capellano celehraturo. If the means of the Gild enable it, There shall be a
chaplain, if the
and the Vicar of the Church of Holy Trinity consents, a Chap- gUd can afford it.
lain shall be appointed. And there shall be a candle-bearer,

enriched with a carving of the Holy Trinity ; on the top of
which three candles shall be burnt, on Sundays and Feast-days,
so long as the means of the Gild allow it.
J
The term " medius" is used in this document of 1381, as it is in the writ
ad quod damnun (before, p. 242), to express any person or authority, having
any interest in the subject-matter, between that of the highest and the
lowest of those that are being spoken of. As to the date, 1384, given in
the present Eetum, see the note to the last clause of the ordinances (after,
p. 268).
The original words are: **Ad cujus spectabit ofl&cium, nomina
fratrum ingredientium immatriculare.^^
f In the case of this gild, it seems that no sisteren were members of it,
but that nevertheless the wives of bretheren had the advantages of it. I find
the same thing in other Cambridge gilds; but there are some to which
women were admitted as direct members.
+ There is something startling in the cold and contingent way in which
!
Mi C.1LD OK HOLY TUINITY,
I >u IM pragrtntmi in fento Sancts TriniUUia. On tlu' ovr of tlio
wMrfikakart huX of Holv Trinity. <r Bonie <liy near it, at tho Htrokc of firHt
Tnmm^. eren-aoii^. the AKlrmmn. Stowanls, and Dean, with the liretlieren
of the (liKl who are in Caniliridjê or witliin ((ii miles iouimI,
hall mei't at a phtoe a^^reetl on, and thence go, two and two,
rind in livery (if they have any), to the church of Ifoly Trinity in
Oanihridge, to hear first even-son*; ; and, even-song ended, they
shall go hack in the same way. And, on the morrow, they

shall go in like manner to matins, day-scnice,* mass, and
second even-song ; and the Aklcrman and bretlieren sliall make
offerings. And whoever is absent, either at this time or wlien-
soever he is summoned, unless through sickness or for other
good reason (as to which he shall be jmt upon his oath), sliall
pay two jRmnds of wax.
I)e presbyteris rum sumendis ad ofjUcia. If any ecclesiastic,
especially one in holy orders, comes into the Gild, he shall not
ruMgid.
be put into any office of the Gild ; nor shall any of its goods bo
put under his charge ; nor shall he be let meddle in any way
with such things ; but lay brothers of the Gild sliall undertake
them, who are best able to deal with such things, and to bear
the burthen of such offices. For it is neither becoming nor
t'lcse Cambridge folks, bo emphatically approved by the Commisflary and

the Bishop, proj>08e to have a chaplain and a few li;|hts at services. The
original words of this ordinance are aa follows :
" Item statuimus et ordi-
namus, interveniente consensu domini Tliome Wygenhole, perpetui vicarii
dicte ecclesie Sancte Trinitatis Cantebrigie, quod, urtidente nobis uherioH

fortuna, inveniatur in dicta ecclesia, sumptibusdicte Gilde, unuscapellanus,
cclebraturufl ad altare in ala eiusdem ecclesie, juxta ymaginem beate Marie
MHgd.ilene, hora competent!, absque prejudicio ipsius ecclesie ; et unum
candelabrum, decenter ornatum cum ymagine sancte Trinitatis ; in cuius
candelabri summitate, tres candele, singulis diebus dominicis et festivis, dum
aguntur solempnia, ardeant in honore summe et individue Trinitatis,
quamdiu facuhaU's dide Gilde s^m fraternitatis ad hoc ae ojdulerint, favente
domino duraturaa." Other Cambridge gilds among these Returns also
show that the 8er>'ice8 of a chaplain were deemed quite secondary to the
other purposes of the gilds.
* " Horas canonicas " in the original. See Canon Rock's " Church of
our Fathers," vol. ill, part ii. pp. 16-20.
CAMBRIDGE. 265
lawful that a parson should in any way mix himself up with

secular business ; nor does it befit the good name or come
within the calling of such men, that they should take on them-
selves offices and things of this sort.*
Be quatuor tractatibus in anno. All the bretheren, being There shall be

four meetings
summoned, shall come together before the Alderman, Stewards, every year, about
the affairs of the
and Dean, four times a-year ; namely, on " Hokeday," the gUd.
Nativity of St. John Baptist, Michaelmas, and Christmas, or

within eight days next following, to consider and do whatever
the welfare of the Gild needs ; and every brother shall pay, on
each of those days, or within eight days afterwards, sixpence to
the Gild -stock. Whoever, having been warned, and having no
good excuse, does not come to any such meeting, shall pay a
pound of wax. And the Dean shall pay a penny for every
brother whom he ought to have warned, but has not.
De compoto qfficiariorum On a day a,nd The stewards

; et eorum eleccione.
... ^
shall every year
in a place appointed by the Alderman, within fourteen days give an account,
and bring up the
stock in hand.
* The original of this remarkable ordinance must be given " Item :

statuimus et ordinamus quod si contingat aliquem virum ecclesiasticum,
presertim in sacris ordinibus constitutum, ad dictam fraternitatem assumi,
quod non aliquam officiarium dicte Gilde, nee aliqua bona
preficiatur in
habeat ministranda neque de iis se aliquatenus intromittat sed alii laici
; ;
dicte Gilde confratres, qui cum bonis hujusmodi negociari et onera ofiiciis
suis incumbentia, commode poterunt supportare maxime : cum non deceat,
nee liceat, clericus negociis secularibus se aliquatenus immisceri ; nee
eorum congruit honestati, aut dignitati convenit, circa onera ad hujusmodi
oflBciaiiorum curam et sollicitudinem spectantia de quibus supra fit mentio
intendere seu vacare." Long before the Returns were known to me in
which this ordinance is found, I showed, by exhaustive demonstration, in
the "Parish" (second edition, pp. 288-330), that the modern assumption
of the right of Incumbents to take the chair at parish vestry-meetings, not
only does not rest on any lawful foundation, but is directly contrary to the
whole spirit and express letter of both Common Law and Canon Law, and
that it is a mere usurpation, unsupported by any authority whatever. The
above ordinance, which had the strongly expressed sanction of the Ecclesi-
astical Court and lawyers, as well as that of the bishop, is a striking
practical illustration, almost in the same words, of what was shown by me,
in 1857, to be the true law of England on this subject.
OILD or HOLY TRINITY,
ftvr Trinity Sumbv.* the AKlcnnaii, Stewards. Doun, ami

SQcli l.ri'thtTt'n AH call ho fouiul, bIiuII meet ; and the Stcwanls
ahall give a fiiithful atvount of the money in their liandH, and of
how they have dealt with it. and of what has l>een spent.
Whatever remains in tlnir IuiiuIh, whether of the |rinciial
money or of piins thence arising, shall he hrou^ht and put hefore
the Alderman and hretheren. If cither of them fails to do this,
he simll pay ten shilling's to the Gihl ; and the Alderman shall
take means to recover from him and his sureties the payment of
what is owing to the Gild, as well as this ten shillings. After-
wards, on the same day, the Alderman shall call up seven of the
bretheren ; and they shall be sworn to choose, in good faith, out
lorlktwmMtjmr.
of bretheren dwelling in Cambridge or Barnwell, trusty and
true men to Ijc Alderman, Stewards, and Dean, for the coming
TtoM year. Those thus chosen by the seven, or by the greater part
bj UiealdemMUi. of them, shall l>e charged, by the outgoing Alderman, faithfully
to fulfd wliat belongs to their offices. After thii^, the Alderman
of the
gMâekrfllb shall deliver all the goods and chattels of the Gild to the new
aad thto thftll he Stewards, by an indenture, to be made between them of the one
gtvan bjr Um old
lOtlMIWW part, and the Alderman of the other part. Forthwith that
Alderman sljall cease to hold office, and shall give the indenture
to the new Alderman ; so that it may be known, at the next
IfUMMTwfcilin account day, what goods the Stewards have received. If the
tiwoklaacan. seven, or the greater part of them, cannot agree in their choice,
wUh fMbcn, riiall
dMOM Um oAcan then the old Alderman, with the Stewards, Dean, and such
fortlMBat jcar.
others as he likes, shall appoint the Alderman, Stewards, and
r.bin Dean for the new year. ^^ hoover, being chosen Alderman, will
dmien. will not
MTTcrfMllbe not serve the office, shall pay ten shillings : Stewards and the
Dean, six shillings and eightpence. Whoever, having been
warned, does not come to this account and election, shall pay
two pounds of wax, unless he has good excuse.
Bwicca for the De Officio circa corpora defunctorum. All becoming services
shall be done on the death of any brother, or of the wife of any
* "Aliquo die infra quindenam Sancte Trinitatis, per Aldermannum

qui pro tempore fuerit aeaignato."
CAMBRIDGE. 267
brother, whether within or without the town. And the Alder-

men, Stewards, Dean, and bretheren shall be present at those
services.*
De pauperihus 7'elevandis. Regula. If any brother, or brother's Help shaii be

given to poor
wife, comes to want through mishap, without any self-guilt, he bretheren.
shall have, at the cost of the Gild, sevenpence every week of his
life while the need lasts, and a gown and hood every year ; and
he shall be freed from all Gild payments. His wife shall be The wife of a
brother shall have
treated in the same way after his death, so long as she does the like help,
rightly and is not re-married.
De fratibus adinittendis, et eorum mrarniento. Before the New-comers mnst

have the consent
in-comino; of any<=> >>
new brother, the consent of the o
srreater part
1
of of the gud to their
in-coming.
the Gild shall be given ; and then the Alderman, with eight
others of the Gild, may admit him. But, before he is admitted,
they shall tell him, openly, what it is that he undertakes in They shall i,e
coming into the Gild. If he still seeks the Gild-ship, he shall duties, and sworn
to keep the
swear to keep and uphold the ordinances of the Gild ; not to ordinances.
bewray its affairs ; and to pay all fines. This done, the Alder-
man, Stewards, and Dean, with the eight others, shall admit the
new brother. And he shall pay, on admission, thirteen shillings Payments by new-
comers.
and fourpence to the Gild ; sixpence to the Alderman ; and
threepence to the Dean. The Dean shall also have, for all the Salary of the dean.
duties fulfilled by him, two shillings a-year from the Gild, and
shall be freed from the four quarterly payments made by others, f
If any brother wishes to leave the Gild, not throuojh

^ ill-will or a member may,
''
on good cause
wantonness,' but for some good
^ reason, he shall come before the ' ^'?.T,"'
'^^y^*''
gild for a tnne.
Alderman and bretheren, and shall say why he wishes to leave
it. He shall then be allowed to leave : but so that, when the
reason given ceases, he may rejoin the Gild.
* This ordinance is very long, and goes into much and curious detail. It
is remarkable that it recalls and provides for the contingency of the gild
having no chaplain of its own. See before, under " De Capellano celehra-
turo,^^ and the note thereto.
t See before, '*
De quatuor tractatibm in anno,^*
t
01 LD or HOLY TRINITY, CAMUimxJB.
AU %h tW UMtl De f'mtr%un ob&li^nha, ri rorum fumeMate. Unjulo. All the
brfthcirn ihU pivo due ivfi>oct to the AldiTman at ull meeting's
of the Gild ; and thrre nludl ! no angry nor idle talk. If the
TW AhU^nntui i aware of any quarrel hetwcen hrethcren of the Gild,

he shall do his best to bring them to peace. If any brother is
so lH>ldlv froward as to disobey these ordinances or the lawful

conimanih} of the Aldonnnn, or shall do anything hurtful to the
Gild's good name, he shall be punished as the Aldornuin thinks
aiMl. I' rxwij I*. fit. And if he will not submit to a reasonable punishment, he
haB b |>tl out
or Uw gild. Bhall l>e jnit out of the Gild ft>r ever ; and, besides this, he may,
on the presentment of the Alderman and two bretheren of the

and 4m1I viih M Gild, be dealt with by the Bishop of Ely, or his Commissary, as
a perjurer and faith-breaker.
Should the Alderman be, at any time, so busy that he cannot
aj ftppoint
Imcmm Umnu, himself come to a meeting, he may name ojie of the bretheren to
take his place ; who shall liavc the same authority for the time
being as the Alderman.

TIm otdiuAncH
ay b nrtttl.
The power
to the founders
of amending these ordinances
and their successoi"s.*
is specially reserved
And l>ecause the Gild has not yet any common seal, the seals
on14Ui of the founders are set hereto. Given at Cambridge, on the
MMth,lS77.
14th day of March, 1377.
The rniiinil 17 After thus setting forth these ordinances, the decree goes on
b ttktd to nmd
th* ordirauioM, to say, that the Alderman and bretheren asked the Commissary
and to MT if thej
arwIawfoL to read the ordinances with care, and, if found right and reason-
able, judicially to declare the same in the form of a decree.
II* raadt tbem, Whereupon the Commissary liimself read the ordinances with
and manj
icii
(aafacd Imwjtnto great care, and also caused them to be most diligently examined
rMdIlMinalM.
Thifl Ih done less broadly than in the case of the Gild of the Lord's
Prayer of York. (See before, p. 1 39.)
f- It will be seen, by this date, that the decree of the Commissary was
not sought at the time of the foundation of the gild while the date of that ;
decree (1384) shows that it had nothing to do with the Return made in 1389.
Something that arose between these dates,must have led to the asking for
the decree. It will further be seen, by what follows, that one of the
bishop's Indulgences was given several years before the decree was made.
] ;
GILD OF THE VIRGIN MARY (ST. BOTULPH^s), CAMBRIDGE. 2G9
by all the advocates of the Consistory of Ely, and by other men

most skilled in both branches of the law.* Having found, by ah agree that
they are good
these means, and by what sworn witnesses have also said, that and lawful
the ordmances are good and lawful, the

-_-._,,
Commissary, m
.
open
Commissary
80 the
makes a judicial
decree, declaring
Court, declares them to be so, and decrees, authorizes, confirms, them to be so.
and approves them, so far as he has authority ; and he orders

that the decree shall be made patent, under the official seal of
Ely, and the attestation of the Public Notary there. Given and Given, under the
of the
official seal
done on the 21st day

^ of May, year
" in the ^ aforesaid,' in the ^pre- consistory of Ely,
21st May, 1384.
sence of nine learned lawyers, whose names are given.
Then comes the attestation of the Notary. Attested by the
Notary.
Two remarkable documents, following this decree, complete
this unique Return. In one of these, dated 27th July, 1384,
the Bishop of Ely himself declares his approval of the ordinances, The Bishop of Eiy
and grants
Til
an Indulgence
f c 1
of forty days to
n
all
1111
who help the
Ml
gild,
also approves the
ordinances.
In the other, which, though written out last in the Return, is indufJeHces ui^
earlier in date, it is stated that the gild was founded at much gud.
cost to the founders ; and an Indulgence of forty days is granted

to all who join it. The date of this Indulgence is 26th June,
1378.
[No less than seven Returns, besides that from the Gild of the
Holy Trinity, still remain, of those sent up from Cambridge in
January, 1389. ô two of these are alike, and all are full and
interesting. A few extracts from some of them are all that can
be here given :

(6) Gild of the Blessed Virgin Mary (St. BoTULPH's).t
If any brother comes to want by mishap or sickness, so that Poor brethercn,

not guilty of
it is not through plunder by harlots, or through any other bad harlotry or other
* " Sapientes et prudentes ulriiLsque juris peritos." This will mean the
Canon Law and the Civil Law. The Consistory could not deal with the Com-
mon Law as such. No doubt this decree was asked for because some ill-

natured person perhaps some displaced chaplain had charged the gild
with some breach of the rights of the Church, or with not maintaining a
chaplain.
t CCCIX. 77. Condition, fair. Latin.
t :
270 OILD OF TUB ANNl'NCIATION, CAMBIUDQB.
way of life, ami he hm not the menus of living, he Bhall have
cvcii|>c4icc a week, during life, from the Gild, and ft new gown
ever)' year. If two hrotheren are at the same time in want, not
thnnigh pluntler !y hnrlota or any other had way of life, eacli
hIiaII liavi*. durin;; life, fourpence a week, an<l a new gown evtry
TW roar iliftll b* year. The fumral of every (Jild-brother shall he attended ; and
afUwfOd: UMl |K)or bretheren shall he huried at the cost of the Gild. And
rvli
III !(
whfther the dead brother has been rich or poor, the Master and
bretheren shall yearly keep in mind his death-day.* Every in-
TWklMofbroUMr. comer shall give to all the rest the kiss of brotherhood.
(f) Gild of the Annunciation. t
ThtglOi wma This Gild was founded on 26th March, 1379. The Return
htgun A.D. 1S79.
A tokairt
gives twelve names of founders, and states that a register is
Of Umi
kept of all the members. The Gild was begun in order that,
It mu bcguD to among us and our successors, kindliness should be cherished

dMrtA kindUDMi.
\*.-trlt I > iiiwiU more and more, and discord be driven out. Payments are to be
J :iU yearly made by every brother ; but from these John Cornewaill
I
is, by common assent, to be free, on account of the trouble he

1
took in founding the Gild.|| Four torches, of forty pounds

m
feixj
vuh two loci>j and
Vli'-'.
weight, are to be made ; and also a chest wherein to keep the
two kejri.
money and goods of the Gild : which chest is to have two locks
and two keys. The Master shall keej) the torches and the chest
two bretheren shall kecj), each, one of the two keys of the chest.
QuurekdiaD be In case of (quarrel between any bretheren or sisteren, the matter
I'm to rbitrmtioo.
shall be put to the arl)itration ot the Master and two others of
the Gild ; and whoever is found in the wrong, shall make
" Et give dives fuerit sive pauper talis confrater defunctus, dieti
magister et confratres dicte fraternitatis, vel eorum successores qui pro
tempore fuerunt, tenebunt anuuatim diem anniversarii sui, sumptibus dicte
fratemitatis, imperpetuum."
t See before, pp. 6, 9.

X CCCIX. 78. Condition, fair. Latin.

' Ut inter nos et successorea nostros rnagis et magis caritas habundet,
discordia procul pellatui."
II
See before, p. 85, note.
;
GILD OF THE VIRGIN MARY (JUXTA FFORUM), CAMBRIDGE. 271
amends. No
parson, nor baker, nor wife, shall be admitted into No pardon nor
1 c 1 111
/ 1 ^
baker sliall come
the Gild, unless when the husband of such wife is already a into the giid nor ;
any wife whose

member.* All moneys of the Gild shall be applied as is said in husband is not a
member.
these ordinances (including help to needy bretheren), and to no
other uses. None shall be wasted in lawsuits or such like.f No money shaii be
' wasted over law-
^^^^
unless by the express consent of the Master and bretheren.
{d) Gild of the Blessed Virgin Mary (juxta fforum).J
Annual payments shall be made ; but the clerk and beadle The clerk and
beadle shall be
shall not pay while serving their offices. Poor bretheren shall excused from tiie
annual payments.
be helped. There shall be a chaplain : but it is to be cleai'ly There shaii be a
understood that, if the funds of the Gild fall below ten marks, they can aftord it
but help to the
* of a chaplain shall stop
the finding and the ^
: ojoods of the Gild poor bretheren
^ _
f ^ comes before this.
shall be then bestowed in the maintenance of a light and of the
poor bretheren. When the Gild gets richer, a chaplain shall be
refound. The money and goods of the Gild shall be kept in a There shaii be a
chest to keep
chest having two locks and two keys; of which keys one shall money and goods
be kept by each of two Aldermen of the Gild. But neither the

Master, nor the Alderman, nor any other, shall lend, lay out, and no money nor
bargain for, put elsewhere, or give away, any of the money or applied ^îtho"*
*'^ ^'^'^
goods of the Gild, unless it is done in accordance with the will of
all the bretheren of the Gild.
* ** NuUus capellanus, pistor, aut uxor, in dicta Gilda recipiatur, nisi vir
uxoris ante earn in eadem gilda fuerit receptus."
f " Non in placitis nee in aliis negociis destruatur."

JCCCIX. 119. Condition, fair. Latin. The ordinances of this gild
were, like those of the Gild of Holy Trinity, declared good and lawful by a
decree of the Consistory of Ely, and probably for the same reason. Tlie
decree is dated ist February, 1385. This gild was not, however, like the
Gild of Holy Trinity, favoured with the bishop's personal approval, nor
with any grant of Indulgences. But the ordinances are highly interesting,
and I regret that space forbids me
to quote them more fully,
"Nee ipsi magister, seu Aldermanni, nee quisquam alius de dicta fra-
temitate, aliquam pecuniam seu quevis alia bona ad dictam gildam spec-
tantia," aliis accomodcnt, locent, conducent, alibi deponant, seu alienent,
nisi de omnium et singulorum confratrum dicte gilde processerit voluntate."
271 cojniLurr between gilds of cajuuuiikje and oxfoud.
NoT. II i rrmiirkahlc thai, while bo many and uch vrry in-
terUiig Rclumii fnrnn CambridKO Kilds remain amon^ what were sent
up in 1589, only llirce remain from Oxford Kilds ; and the ordln-
Dcet contained in the latter, lliouKh not wilhotit noinlH of inlercHt, urr,
all of tin ni, much Icsh full and loss txacl than those of the ('amhridge
gilds. Yet Oxford had an ancient * liild Merchant," although the
Rrluni sent up from it in 13S9 is lost. A curious Utlurn, unhaj)jily
in Ten.- bad condition, is Kliil extant among the others, which gives
copies of many very old charters as to Hurford, in Oxfordshire. In
this Return, the customs of the Gild- Merchant of Oxford are again
and again put forth as the great exemplar for Hurford, just as those of
York arc juit forth as the exemplar for lieverley.*
This contrast between the gilds of Cambridge and Oxford is made
the more striking by the fact, that a copy has been sent to me of a MS.
of gild ordinances found in the Bodleian Library, and naturally suj)-
j>osed therefore to be the ordinances of an Oxford gild. So soon as I
read it, I was satisfied that its true home was nearer East Anglia.
This opinion has been wholly confirmed by copies of three sets of gild
ordinances which I have since received from Cambridge. One of

these is taken from a MS. in the Library of Trinity College : the other
two are taken from the Baker MSS. in the University Library. The
particulars of the gilds of which these are the ordinances, will be found
next following. They put it beyond even the jjossibility of doubt
that the MS. in the Bodleian Library does not contain the ordinances
of an Oxford gild, but that, however strange it may seem, it contains
those of a Cambridge gild. (See also the Aj)pendix to this volume.)
(e) Gild of St. Clement, and two others.
Old otdinuicet [The fulness and originality of the ordiuances of the many
bl
gilds in Canibridi,'c, up till the end of the fourteenth century, has
lieen seen in the foregoing pages. Not less striking is the entire
change in this respect which took place in the fifteenth century.

Nowhere else in all England have I yet found one gild after
another cojiying the ordinances of an older gild. In the fifteenth
century ibis happened in Cambridge ; and with such seem-
ingly Idind helplessness, that ordinances, professing to be those
of distinct gilds, and which had more than forty years' differ-
ence between them in the dates of their foundation, are more
See before, pp. 151-153.

GILD OF ST. CLEMENT, AND TWO OTHERS, CAMBRIDGE. 273
identical in shape and words, so far as these could be used

by separate bodies, than are the different versions of what are
avowedly copies of the same Bye-laws of Tettenhall-regis.*
In the Library of Trinity
^ College,
Cambridfê, are the ordi- mss. in Trin.
^ *=* ' '
Col. and Univer-
nances of the Gild of St. Clement,
Among the MS. collections, now
/
in the
made
...
in the year
University Library,
14^1. sity Libraries,
Cambridge; and
in tiie Bodleian,
made by Cambridge antiquary, Thomas Baker,

that industrious
is a copy of the ordinances of the Gild of Saints Peter and Paul
of Cambridge, bearing the date of 1 448. In the Bodleian Library
at Oxford are the ordinances of the Gild of All Saints, with
no place named, but bearing the date of 1473. Among the
before-named MS. collections of Thomas Baker, there is a copy
of thesame ordinances ; and, though it is not so stated, either
this copy must have been made from the MS. now in the
Bodleian, or both were made from the same original ; for the
same loss of one ordinance is found and noted in each. Copies
of all these three sets of ordinances have reached me from the
three different libraries wherein all have long rested in peace.
The presumption was, that, though all in English, they would
be found, as in the case of other gilds, different from each other.
On comparing them critically, however, I found that, with only

altered names and dates, and a few small details, they are all in
the same words. And all must have been taken from the same
original, inasmuch as any addition to or alteration from the
earliest of them is seen on the face of the later MSS. I now
give the ordinances of the oldest of these three gilds. f The

variations found in the later ordinances are shown, some in
the margin and others in foot-notes. %
* See the last article in Part III. of this volume.

t From the Gale MSS. (0. 7, 15), Trinity College Library. This must
be the original set of the ordinances used by the gild, for the later entries are
made in different hands. (See after, p. 2S1.) It is made up bookwise, as
in the instance before, p. 262, and the other examples there named.
X Mere differences of spelling, not showing any dialectic change, are
not noticed, nor are the occasional but obvious errors of the scribe.
For the copy of the ordinances of 1431 I am indebted to the kindness,
indeed to the hand, of Mr. Aldis Wright, Librarian of Trinity College, Cam-
bridge. The ordinances 1473 were found, in consequence of searches
of
made for the purpose of this work, by Mr. Coxe, Librarian of the Bodleian.
Mr. Dalton, of Cambridge, has been good enough to make the extracts
18
274 OILD or RT. CI.KMI NT,
Eftdi let of onlinmicos in pn-fuoeil hy Homo Latin quotations,

iinii liy irnyer for the l.ritluriii and sistorcn. The latter ia
the Hmc in nil three. The foniur are mlajjted to the jmtron
saint of each gihl]
lu-îj'iuut }t'u- f<(>i(ut<t rd'itn in honore Scl. Clement'n<, papc ct
nuirft/rijt, lie cominnui consensu omnium /ratrum eiusdem

(/ihlf\ Aniio (/mi. J/i7/o. ccc(f>. xxrf*. Et quilibet /rater, in
rmtmt to
a*imissione sua, debet iurarc huiusmodi stcUuta obsentare.*
Statutum primian. De jtrimo die generali et jrriticipali, et
quomodo omnesfratres tenentur in illo die interesse.
n aiAMr4>WI. In In y^ worchippe and reuerence of y^" blysful *

trinitc, fudir and
IbCJ sone and holy goste, ami of y glorious pope and martyr scynt
Clement, And of all y^ holy companye y*' is in lieucne. These
ben y^ onlynauncis and statutys of y^ Gylde of y saidc seynt
Clement, whieh is holden in y*^ chirehe of y same seynt Clement
in Cambrigfê, made be y^^ comoun assent of all y^ bretheren of
y forseyd gylde, in y^ 5ere of ourc lorde ihcsu MilbK cccc^. and

iten bt Iwld on Txrj. First, we haue ordeyned for to banc oon general and i)rin-
Ik* Sanday after
Low4hUMlajr. cipal day; }'^' whicht sclial be liolden euery jcre on y sonday
from the Baker MSB. To all these gentlemen my cordial acknowledg-

raentH, and those of the Early English Text Society, are due. The fact of the
identity of the ordinances is, in itself, a discovery th.itis highly instructive,
and which could not have been made without my having had all the copies
thus fumished. The different MSS. are distinguished in the margin and
notes of what now follows, hj- the letters "B," "C (i)," and " C (2)."
" B " means the ordinances of 1448 " C ( i) " means the Bodleian MS. of
;
the ordinances of I473 "C (2) " means the Baker MS. copy of the same.
;
When reference is made to " B and C," it means that C (i) and C (2) are
both of them like B. I may add, that the fidelity of the copies found in
the Baker MSS. is strikingly shown by the comparison of "C (i)" and
*'C (2)." It may be useful to searchers to know that a list of the many
volumes Baker MSS., which are partly in the British Museum and
of the
partly in the University Library, Cambridge, will be found in the second
edition of the " Bio;3T^phia Britannica," vol. i. pp. 521-525.
* All the hea/lings here printed in italics, are in rubric in the original.
Figures, &c,, here put in italics, are underlined with red.
t "^V'hich," "what," and the other like forms, are generally spelled,
throughout C (l)and C (2), " qwych " or"quich/' "qwhat," " qwlio,"
.
AND TWO OTHERS,, CAMBRIDGE. 275
next aftyr low-sonday. At wliicli day all yo bretheren and y ah the bretiiertn
sustiis of this
111 come to-gyder
gylde scliul
1
vn-to a certeyn place
^"'^ sisteren shall
meet, and go to
even-song, and,
assigned ther-to, as thei scliul ben warnyd be y^ deen, for to gon next day, to mass.
to ye forseyd cbirclie of seynt Clement on y^ satirday vn-to y

euen songe, and on y sonday to y messe. And what brothir
or sustir yat is within ye town, and is somownede be y^ deen,
and comyth not on ye satjTday to y euensonge, he schall payen
j. lib. wax to y amendment of y lightes. And who so comyth
not on ye day^ to ye messe, in his best clothynge, in ye worchippe V- Sondaye, in b
and C]
of gode and of seynt Clement, he schal payen ij. lib. wax. ^j, 5,^^11 come in
their best clothing.
Secundum statutum. De le morowspech, et de pena non (ii.) There shaii,

J, every vear, be two
VemenClUm.^ days of meeting
about the atfairs
Also we haiie ordeyned, for to haue ij. morwespechis in the

5ere. The first for to ben holden vpon the same sonday beforne-
seyd, and ye secounde on ye sonday next aftyr ye fest of seynt
Michael ye Archangell. And at ecb of these ij. morowe spechis, at each of winch
payments shall be
euery brothir and sustir schall payen to ye costage, for his pen- made.
syon, ij. denar. And who-so be somonde to any of these morwe-

spechis, if he be in towne and comyth not, nor askith no licence
of ye aldirman, he schal payen j. lib. wax. And if ye deen faile The dean shaii be
fined for every
in hys somownyno:,
'' '
he schal payen
I J Jj. dena/r. for euery
J brothir and brother not
"^
summoned.
sustir yat is not somouned. And who-so comyth aftir prime Late comers shall
. . . .
^^ fined.
be smette, he schal payne ij. denar. And ye oure prime is clepyd piime"is two
o'clock P.M.
the secounde oure aftyr noone, alsowel in somertyme as in wynter.
"qwhan," ''qwhoso," **qwharwyth," &c. These examples will be

enough, without noting every word as it comes. In B, these words are
spelled as in the oldest, which is also the modern, form.
* The whole of this ordinance is wanting in both C (1) and C(2), though
the place of it is noted, and the first words of the heading are given. In
each case, however, as well as in B, it is written " Statutum secundum,'"
instead of '^
Secundum statutum.''^
J78 OILD OF ST. CLKMKNT,
(m>TWiHMHr Siaimimm tarnwi De eleccioiie AUl^mnnni et aJiornm oJJin~
ariontm^ St de ftemi huitisiiioili nj/inn rrfuUnirinm.
p r/4Mv. C(i: Also it i* onU*yne<l, that on ourc gciunill and principall day,
an Eleccioun on this manor schal l)on made. First, y<^ Aldinnan

Bclial clo|>onc v|h. ij. men he name. And the compcnye* sehalle
clcpen v|c othir ij. men. And tliesc iiij. men sehnl eliesen to
IA*affir.iBD hem othir iJ. men. And thanne these vj. men Hehul hen''
ra(riBB ehargid, Ik? the othe yat yei hauc made to the (Jylde ])e-
""l^l . . fome' tyme, yat yei sehul t;on and ehesen an Aldiiiniin, ii.
< (5).] Maystinj, a clerk, and a Deen, which* hem thynkith,* he heyr*'
la c (1) aad gud Conscience, that ben most able for to goucrnc y companyc
[* Thar, la c (1) >"*' y^^c foh>wyng, to thc worchip])c of godc and of the holy
martir seynt Clement, and to the most profyte and avaylc of the
companye. And who-so be chosen in Ofiiee of aldinnan, and for-
Hid aol Hnring.
riMllUflMd sakilh his office, he schal i)ayen, to the encrese of the Gylde, lij.s.
and iiij.d. ; Euery maystir, ij.s, and euery pety mayster, xa:.d. ;t ;
The Gierke, xij.d. And the Deen, xij.d.X And ther schal no man
;
CBoinanth* be chosen into noone of these forsayde officers^ vn-to the tyme
he be clenc onto of the dette of the forsayde gylde, [and also
r Added in If sworne therto. *!
ad C.J -*
u'.j^!!ff*u!!^
*S'ît/M;/i quartum, De recepcione cattallorum, et de securiiate
wood <d uw gud. eoruiii per obliyficioiiem facienda.
pTViai. In r (I) Also it is ordeyncd, that whan thc May stirs schal rcceyuen the
tkrongiioat.] catcllc of the g}lde in-to heir handys, ech of hem" schal fynde ij.
fM SntojfU, ia
CiiiMidC(i).] sufficient plegges, bowudyn w*^ hem, in a symple^" obligacion, for
MdC] to make a trcwc del}'ueraunce [agcyne''] of swichc goodys as thei
In C (i) this word has been erased, and the words "Masters of the
Gyld" inserted in its place by a later hand. The same ia found in
Baker's transcript C (2).
t The
pety master " is not named in either B or C. The words are
indeed an after-insertion in the Trinity College MS. itself.
X Îr. Baker's transcript, C (2), has left out the dean.

AND TWO OTHERS CAMBRIDGE. J 277
receyue,* at the next Generall day folowynge, beforne the alder-

man and all the bretheren and y sustres of the forsayd gylde.
And also the alderman schal haue, at euery crenerall day, to Allowances of aie,
'
&c., tothealder- "^ ^
his drynk and for his geestys,/ Galone of ale, and euery Maystir ^"gjg'^ ^^^'^^
a potell, and the clerk a potell, an[d] y deen a quart of ale.
Also the clerk schal haue for his labour, euery jere, osx. denar.
And the deen for his labour, euery 5ere, xx. denar.
i"
Statutum quintum. De introitu et admissione fratrum, et de (v.) New comers

into the gild, and
iuramento eorum ibidem /aciendo. their oath.
Also it is ordeyned, y* whan euery brothir and sustir schal

entre in-to this gylde, he schal, at the first begynnyng, be sworne
vn-to these statutes and ordynaunces, hem to maynten and sus-
teyne vn-to his power and kunnyng. And aftyr, he schal fynde
ij. sufficient plegges, for to payen to the sustynaunce and to the
fortheraunce of the forsayde gylde, xL denar., and to y^ clerk,
j. denar., and to y^ deen, j. denar. And this schal be payed be y

next Generall day folowyng at y farrest ; Or ellys ye same day,
if he wyll of his howne gud wylle, to the more avayle and forther-
aunce of the gylde and to his more meede, be the grace of oure [i ourc lorde, not
in either B or C]
lorde ^
gode.
*-
Amen\i^-^1 p Added in b
andC]
Statutum sextum. De pro ''fratribus^ defunctis.^

xxx^^ missis ^ ^
(yi.) services for
the dead.
Et^ de pena non offerencium pro eis in principali missa et \? Et soroHbus,
. .
added in C (1)
non veniencium ad exequias. and c (2).]
[} Celebrandis,
Also whan any brothir or sustir of this companye ^

is passid an?c.]"
oute of yis world, the maystirs of the same gyld schal do syng for [^ /iam, added
his sowle^ xxx. messy s, of the costys of the gylde, and that wythine ^(, p^^ ,j^ ^^^^^
^^^ """^
X. days aftyr thei haue knowlege of his deeth. And also als c'V)?]^
''With the encrese comjmg therof," is inserted here (though with

varying spellings) in B and C.
t In B, the clerk has xx.d. and the dean xvj.d. In C, the clerk has
xvj.c?. and the dean viij.rf.
t In the Bodleian MS. C (i) the following lines are inserted, in a later
hand :

" And ye wyfFe of an broder of ye gilde so coniynge on, shall pay
aj.li. of wex." This is not copied in the Baker MS. C (2).
178 GILD or ST. CLRMENT,
nAii4lBB It tlio aldcnimn Imth knowyn^? tlirr-of, he sclial [<lo']
cliHivrn the dccn fur' to gon wnrne all the brcthcrf n nml HUHtrig
ecu arc (1)0 ami
of tJn-s K>I*lo, for to l)ocn rwlyc at a ccrtcyn ourc asij,nH'<l,
PWMi#toB to conic to tlic |>luoc whor the decde hotly is, for to gon' thcr-
Mi CO
with to )* chirche honestly ami with the lyghtys* of this com-
peny. and fr to oflren for y sowl, at the nicHse don therft)rc, a
farthyn^. And who-so he withyn the towne, and hath knowynpj
pteHukiBi tlunf and comyth* not, schal payen, at the next niorowespechc
MM. hiC]
folowyng,J7i. uxix^ be-cause of his absence. Also it isordcyncd,
Xd^ at Mtd or Um
>wf i. !C (It be all ourc comoun assent, that cuery jerc the vicarye of the
forsayde ehirchc of seynt Clement schal haue iiij.s. aiul iiij.d. for
.la his certcyntee' of niesse8,t for to preyen for all the conipanye,
BkadC.: yt
PayvMits to tba
l>othc for hem that ben l\'iiynge, and also for hem ben dcede,
if be be a brothir of this forseyd gyldc.
SuUutum septimuvi. De jffratribits ad pauperiatem dmienien-

tibiis; et quonwdo auccurratur eisdem de bcntia eiusdem
gilde.
Also it is ordeyned, be all the comon assent, that if any brothir

or Bustir of this forseyd companyc falle into oldc age or in-to
grcte pouerte, nor haue not whcrwith to be foundenc nor to
help hyinselfe, he schal haue, cuery woke, iiij. denar. of the goodys
of the gj'lde, also-longc as the catcll therof is worthe xl.s. or
\}AIo, in n more. Ajid if it so be-falle yat ther ben moo swich pouer men
and C.J
In the Bodleian MS. C (i), there are here written in the margin, in a
lat^T hand, the following words :
"yat iiij. Torchys.
ys, Here ylepe to the
laate lefTe, and than cum heder agen." The ordinance on the laste lefFe" *'
which is thus to be "yleped to," will be found after, p. 281. Baker copied
the ordinance, but not this marginal note.
+ What follows is varied, in B and C, as follows: "that is to say, to
bane in mynde, booth the qwyke and the dede, every fryday [sonday, in C]
in the jere, and also for to prey every Sonday, at the bedys tyme, for all the
comfeny, both for hem [thume in C (i), theme in C (2)] that ben lyvyng
and alKo for hem that ben passyd oute of this worlde." In B there is
also added, m a late)' hxind (says Mr. Baker), a list of names of eleven
persons who arc i/t be specially prayed for.

AND TWO OTHERS, CAMBRIDGE. 279
than oon, than it is ordeynecle, be the comon assent, that the
forsayd iiij.d. schal ben departyde euery woke a monge hem all.
Statutitm octauum. De silencio et obediencia fratrum in (viii.) obedience

to the alderman,
aldermanni de pena ohiurqancium cum^ and peace at aii
*presencia ;
y et J. ^ meetings of the
aldermanno vel cum alijs oMciarijs
^ -^
eiusdem qilde.
'^
s^'^-
"^^
[1^0, added in JJ
and C]
Also it is ordeyned, that at euery morowe-speche, and [also^] at [2 Added in b
and .]
all [oure^] comynges to-gyder, euery man to ben obedient vnto [3 Added in b
the alderman in alle leefull comaundementis, and that euery man
[and woman*] holde silence and make no grett noyse ; and what f^*;^p'^.^*^^'J^
man wile not ben in pees at the byddyng of the Aldirman, [then^]
g' Jned'^"Vience"
the deen schal delyueren hym the 3erde ; and [if*^] he wile not c (2)î^ *^
receyuen it, he schal payne ij. U. wax. And who so despyse his'' Added in b
1^^^
Alderman in tyme of sittyng for alderman, or 5eue hym any [ Added in b

reprouable wordys, in disturblyng and noyaunce of the compenye, r The, in b
and C]
he schal payne for his trespas ij. li. wax.^ And if he do it ageyn
any of the maystyrs, he schal payne j. li. loax. And a-geyn the
clerke, half a pound wax. And [also^] a-geyn the deen, half a [ Added in b
and C and
5
pound wax. omitted in C (1)

*
and C (2).]
Statutum nonum. De
litiqantihus
a ^
et Iplacitantihus (J^-) ^^ne shaii
fratrihus
go to law, until the
cum fratrihus^ suis, absque licencia aldermanni; etde pena quarrel has been
alderman.
taliter^^ litigancium.
[9 Confi-atribus,
^"
Alsof if any man be at heuynesse with any of his bretheryne J*" .
any maner [of ^^1 trespas, he schal not pursewen him in no ^ ^^^ ^"^ ^ ^^^J
for
[^ Added in B
maner of courte : but he schal come firste to the alderman, and and C]
schewen to hym his greuance. And than the alderman schal
sende aftyr that odyr man, and knowen his offence. And than
* The foregoing sentence reads thus in both B and C, with no other

diflFerence than the transposition, in C, of the second and third clauses of
the sentence as here given from B
"And who[so, C] despyse the
: Alder-
man, in tjone that he syttis for Alderaian, or els gyf hym ony reprove-
able wordys, in disturbellyng and noyaunce of the compeny, he schall pay
for his trespas, to y lyghthys of the gylde befor-seyd, ij.li. wax."
+ A comes here, in B and C, as follows:
line " Also [Fyrste, in C] it is
ordeyned be alle the compeny, that."

S80 OILD OP 8T. CLKMKNT,
be tdud make eyther of hem f<r to chcscu a hiotliir of the for-
M^'de com|NUiye, or cllys ij. hrcthercn, for to nconle hem aiul Hctt
(1 AMid la B hem at rest aiui |>eo4i. And if tliesc men so choHen, with [the']
good metliucion of the alderman, niowe not hryn;,'c hem at acordc
and at rete, thanemay the aldorinan ^cuen hem licence for to
PAMiiai gone to the comown lawe [yf tliei wyll.*] And wlio-so goth to
liMtfC4
the c<mown lawc f>r any playnt or trospas, vn-to tlic tymc lie
hath ben at the aldomian and don lui it in saydc Ijefor, he schal
PAMiitaBMid payen [to the cucres of the gyldc^J xl. c/., withoutc any grace.
Stalutujn decinvnn. I)e fratribita ut nun remaneant in aida,

fIvtiMaldtr- uel in donio qfficij, post recessiim aldernianni ; et de 2^67ia
no hM tarn.
(TlMlullhrM faciencimn contra istv/l statiUum*.
hiHMidC.]
Also it is ordcyued, be all the comownc assent, that whanc any
comown drynkyng is made a-mong V8,tlicr schal no man a])idcn in
(jriir.faiB.] the halle, nor in no^ hows of offyce, no Icngcr than the alderman
( Addwiio u arj'seth [up"], but if it l>e men of office fore the tymc ; in pcync of
and (' ]
piftM, BoiinB lih. xo(ix. And what mun,^ brothir or sustyr, but if he be any
<v d ij.
offieere, entrith in to the Charabyr thcr the ale is in, wytliowt

lyccncc of the officers that occupye thcrin, he schal paycn j. lib.
wax.
(zi.) Noi
bewrajtlMi
Staiutum vndecimum. De ffratrihus statuentibua utfratres^
non reulent extraneis consilium fratemitatis et ordinadonis,

^ CSp/Vtilrr, in
BaodCJ et de peiui sic^ reuclancium imposita^^.
(* Tauter, in B
odC]
[^ Pogita^\nC (\) Also it isordeyncd, y^ what brothir or sustir that" bcwrcycth
ndC (2>.l
pi TkiU, not In the counsel of this forsaydc gylde, or of these ordynaunce, to any
C(I)orC(2).]
othir Btraunge man or woman, so that the companye be sclauu-
[B IJimdHd, or,
BOt in HC] or
dride or hyndrid, or'^ haue any othir wyllanye ther-by, he schal
P Added in U payne [then"], to the ffortheraunce of the forsaydc gylde, xl. d.,
adC]
Or cUys he schal lesen the fraternyte for cuyr-more.*
In the margin of this Statute is written, in a later hand, in C (i) :
**CommisBum di^recioni AJdermannorum et Magistrorum gilde."

] ]
AND TWO OTHEllS, CAMBRIDGE. 281
xii) The year-day

Statutum duodecimum. De obseruacione anniversa/rij Johannis '^
(
of good-doers to
^he^f,nidshaiibe
lyster ; et quomodo et qucmdo debet obseruari*
Also we haue ordeyned, be all oure comone assent, and be oure

otbe made, for to kepe the 5ereday of Jon lyster of Cambryge
5erely, on mydelenton sonday, in sent Clementys chirche, also
longe as the gylde endurys, be-cause he gafe vs iiij. Marc, in the
begynnyng and to the fortheraunce of our gylde.
And also tho vi. men that chesen the alderman and the Officers, Two giid-brothers
'
^
shall have charge
^
the same of the

schuP chesen othir ii.
''
sufficient men, for to kepen
^
iiij. gift.
[1 Thei, in B.]
Marc, to bring it in [with the encrese ^J
5erely vndyr the same ^2 stands in b ;
forme that the maystyrs doo. And the same ij. men schal mak Trin. coii.MS.]
ordynaunce for the 5ereday, and for the costys yerof, and
make a trwe rekenyng at the next generall day, be the othe that
thei haue made to the srylde.^

*'
[^ a Latin prayer
follows in Trin.
Coll. MS. Not
^"^
[Several other ordinances, written by later hands, follow in
the Trinity College ; which are however the same as

MS. all of
the last above, save that they are made in favour of those who,
in later times, gave their gifts " to the worchyp and fortherauns
of our gylde," and are not followed by the Latin prayer. In
B., the ordinance is followed by a list of names, with the days
on which obits are to be said for each. C (i) and C (2) have
an additional and later ordinance, t written in another hand.
This is as follows :

Thys

statute is made by
J the comyne
J assent of all the bretherne [in the margin of
C(l),butnot
and sisterne of alhallowe yelde, the yere of oure lorde m^ccccco. copied in c (2),
are the following
iiijo. These are the names of them yt made this statute by all ^'^^^},^^ written in
*' '
another hand :

]>e comyn assent :
Fyrst begynnyng, Johan Manfelde, Kichart ofthesame^^^M^'^^
Alwey, Wylliam Askam, Thomas Kelsey, Johan Elys, and euerfbrodir^d.ai
Wylliam Wyllys. Thes forsaid men wyll jât euery bro]?er schall ^nS'iiu tSS.
haue at his departyng v. -preetis-;^ and euery prest to haue iiij. d. thecKhe."^**^
of the cost of }?e gylde : and the whiche prestis to cum to the place *
^***'-^
* This Statute is found in B, with necessary variances of name, gift,

date of year-day, &c. ; but it is not found in C (i) or C (2).
t See the note on p. 278.
GILD OP ST. CLBMSNT, ETC., OAMBRIDGR.
whrr the uil boili yn, iiiul to hryu^* liini to chirclio, nud to Hyiig
(liri^ And masse for IiIh houIc. And if bo I>e )mt |>c snid 1)ro|>cr l>o
lyll to kcpc a dirif^' nml n masse of hys ownc projwr cost, wc

w> II ^t tliys dirigc ami masse Ikj deferryd tyll \>c next day after,
Vik*
MTtodTowtMy and to be sayd in the same chirclic wher |>c bo<ly is l)}T}'cd. Also
we wyll. [nit who-Bo-euer be person, vycary, or parasche prest, for

to l>e iHine of the v. prcHtys; and )>c clcrkc and )>e sextene to hane
of |>e same ehirche, iiij. d. If so be tlier be no sexten, the clcrkc
to luiuc iiij. (i. And ?;/. d. for to Ix; gyvync in brcdc to pore
jx-plc of the same parasche : if thcr be any pore brothyr or

snster, to haue part theroff. Also wc wyll, pat cuery systcr
schall haue at hyr dopartyng too prcstys ; and they to hauc
fiij.'!. of |>e cost of )>c yelde ; and the said prcstys for to cum
to |>e place of tlie dede body, and to brynge hyr to chyrchc, and
to syng or say Dyrygc for hyr soulc.

283
XV.
BRISTOL.
{a) Gild of the Fullers.*
John Barstaple, Mayor of the town of Bristol, and the Com- The Masters of the
craft of Fullers
monalty of the same town, to all to whom these presents lay some new
ordinances before
shall come, Greeting in the Lord. Know ye, that We, with the the mayor, &c., of
the city.
assent of the whole Council of the aforesaid town, have seen
certain ordinances, made in the present year, ordained by the

Masters and good men of the craft of fullers of the same town,
* Mr. Samuel Lucas, writing of Bristol in 1862, found himself obliged

to say that "the present officers of the corporation there, conceive it to be
their duty to withhold the corporate records from the scrutiny of his-
torical students." (Secularia, p. 102.) What Mr. Lucas thus found in
1862, 1 have found in 1868. But I wish to be just in fixing the blame.
It is not the Officers, but the Corporation itself, that must be held up to
reprobation. The officers would not be narrow-minded if they did not

know the narrow-mindedness of those whom they serve. Happily, Bristol
stands alone in this respect. From English renown
cities of oldest
Winchester, Worcester, Exeter, Coventry I have met with the most

courteous, cordial, and generous help, in my endeavour with a labour of
love not light to put forth, in this volume, a picture of the spirit of self-
help that lived in our middle-age England. And the librarians of Oxford
and Cambridge have, with equal courtesy, opened their stores, as well as
private manorial owners, and the living representatives of ancient feoffees.
Nothing is more pleasant than the acknowledgment of such courtesy. It
was reserved for Bristol, alone, among the Bodies and Persons to whom I
have applied, to fill in the artistic touch which contrast gives. The
Corporation of Bristol has yet to learn that historical documents are the
inheritance of the nation, and are not to be hugged as the private
possession of a few persons who, happening to be in power, take the
Dog in the Manger as their exemplar of conduct. In this case,
the conduct of Bristol becomes supremely ridiculous, because it is as
practically futile as it is liistorically criu)inal. So soon as this work was

B8i OILD OP TUB FrLLBBB,
mud soUcd with the Ht'ftl of the inftyonilty of the nforeHnid t(wn,
M appoani hy their |ctition hert^nftor following', niul whicl \h
He.) enn>llc4l on the ns\ imper of the Court of OihaUl', 08 a record

for ever, iu thcc wonls :
TW <Tn I**. or To tho htnioundiU' ami discreet sii-s, tlu' Mayor, KluritT, and
oi^tnmncmma- all the other lionoiindtle hurgesses of the Common Council of
neori^ the same town, hunddy pray the Masters of the craft of Fullers
of the said town: Whereas the said craft has, of old time, IkkI
divers ordinances enrolled before you of record in the Gihald of
Bristol, in order to put out and do away with all kinds of had
work and deceits which divers people, not knowing the craft,
In oftWr to dMck from tinic to time do, as well in fulling cloths as in "plcityng"
"** and *'
rckkyng," and many other defects in the said cloths by
;
which defects the town and craft arc fallen into bad repute in
many j)laces where the said cloths arc put to sale, to the great
TWyawTMk reproach and hindrance of the said craft. Wlicreforc, may it
oToidaadMM. iileasc vour very wise discretions and honourable wisdom, to

IwakdowHiMnwii . .
grant to the said suppliants that all their good ordinances of

old time entered of record, and not rcfjcalcd, be firmly held and
kept and duly put in execution ; and that four good men of the
said craft be chosen ))y them every year, and sworn before the
MiUyrtty to p. Mayor loyally to present all manner of defects which hereafter
poinl four oflwHSf
wWhlMgiiiowm; shall bc found touching the said craft, with power, twice a week,
to oversee such defects, and likewise to keep watch over the

servants and workmen of the same craft, within the franchise of
Bristol, so that the said servants and workmen should not take
more wages than of old time is accustomed and ordained. And
announced, Mr. Charles Innes Pocock, a gentleman personally unknown to

me, was goo<J enough to offer to place at my disposal a folio volume of MS.
extracts from the old records of Bristol. I gladly accepted his offer, and
simply ^-ished to collate what I found in this volume with the originals.
Every obstruction has been thrown in my way. The volume thus sent to
me by Mr. Pocock is, however, written in so unusually clear a hand tliat
the readier, indebted as he is to Mr. Pocock's courtesy, will lose nothing but
the possible mistake of a letter here and there, the exactness of which I
am unable to test through the narrow-mindedness of the Corporation of
Bristol, which will, when too late, be repented of.
;
BRISTOL. 285
besides, discreet sirs, may it please you to gi-ant to the said and the oonfirma.
^ ^ ^ ^
tioii of some new
suppliants the new additions and points below-written, to the ordinances.
profit and amendment of the said craft, and to the honour of

the said town.
First, it is ordained and agreed that, each year, four men of The new ordi-
nances are,
the craft shall be chosen as Masters, to search every house of the <i) fo""" searchers
''
shall be chosen.
said craft, twice a-week, and oversee all defects in the said cloths,
if any such there be j and to present them before you at the
court ; so that whosoever does such bad work shall pay for the
same the full price of the cloth : one half to go to the town, and
the other half to the craft, without any pardon or release : and
this, over and above all reasonable amends made to the buyer
of the cloths.
Also, the Masters of the craft shall not give more to the men (2) wages shaii be
regulated.
of the said craft than fourpence a-day, beginning from the first
Monday in Lent till the feast of St. Michael then next ensuing
and, from the said feast of St. Michael till the same Monday in
Lent, threepence a-day. And if any of the masters pays more

to the workmen than is above ordained, he shall be fined, each
time, ij.s. ; that is to say, xij.c?. to the commonalty, and xij.c^.
to the craft. And if the men take more from the masters, they
shall pay, each time, xij.d ; that is to say, \].d. to the com-
monalty, and \].d. to the craft. And if the men are rebels or
contrarious, and will not work, then the four masters shall have
power to take them before the Mayor and Court of Gihald of

the town, to be there dealt with according to law and reason.
And moreover, the said servants shall work and rest in their
craft, as well by night as by day, all the year, as has of old time
been accustomed.
Also, whereas certain merchants of Bristol have been used (3) ciothes fuiied
outside the town
aforetime to have some of their cloths fulled in divers parts
*
of the ^'^^^\ "* ^^
touched uj) by
which merchants, ii"stoi fuiier$.
country round about ; after the said cloths are
thus fulled, seeing well that they cannot be set to sale by reason
of their defects, without great amendment and work by the
Fullers of Bristol ', it is ordained and agreed that henceforth no
man of the craft shall full or amend any manner of cloth which
;
GILD OP TIIR Pt'IXKRS, nRIMTOL.
htfbcfn thuf fulU**! out f the town, umlrr juimlty of vj.. viij.f/.
UuU IB to nay, x\.ti. to the coiunionalty, and xl.(/. to the craft.
Saving always that the inaators will always be ready to anuiul

clotlui which shall be lou^ht between merchant and nicnhant.
AUo, onlaineil and agreed that, if the said four MtuitcrB
lllWil.ifUHI
it is
do not well and loyally fulfd their oflicc and duty as before Wiid,
they shall pay six shillings and eight pence sterling, to be paid
to the bailiffs of the town of Bristol, to the use and profit of the
commonalty of the said town, without any pardon or gain-

saying.
Which ordinances wc nfTmn, ratify, and confirm, for ever ;
CSr" saving always to us, the Mayor and the Council of tlie town,
that if any ordinance, point, or addition, touching the said
craft, may be profitable, as well to the town as to the craft, then,
by the advise of us and the masters of the said craft, amendment

thereof shall be made, these ordinances notwithstanding. In
witness whereof, at the special prayer of the said Masters, to
guard and maintain their ordinances aforesaid, wc have set to
these presents the seal of the Mayoralty of the town of Bristol.
thtllth Done in the Gihald of Bristol, the 14th day of February, in

Plinai7, 140G.
the 7th year of the reign of King Henry, the fourth since the
Conquest.
And we, approving these ordinances, do hereby, for us and

tthe ordi>
and fiut our successors, as much as in us lies, confirm them. In witness
UntsIo Um Cutn.
Kn 8ml of tbe whereof, at the special request of the said masters and good men
Ctty.lo 8p>
Umber, 1406.
of the craft aforesaid, we have hereto put our common seal.
Given in the Gihald of Bristol, on the Monday next after the

feast of the Nativity of the Blessed Virgin Mary, in the seventh
year of the reign of King Henry, the fourth after the Conquest.*
The first and la.st parajp-aphs of the original are in Latin, while the
Petition of the Fullers, and their ordinances, are in old Norman French.
The whole is valuable, as showing much the same sort of relations to have
existed in Bristol, between the Gilds and the Body Corporate, as will pre-
sently be seen toh.ave existed in Exeter. Further illustrations of the rela-
tions between the Bristol G'lds and the Body Corporate, will be found in
"The Office of the Mayor of Bristol," printed in Part III, of this
GILD OF THE KALENDERS, BRISTOL. 287
(&) Gild of the Kalenders.
For the consideration of the rites and liberties of the ciergy and lay.
men belonged to
Kalenders, of the fraternitie of the church of All Saincts in *" ciid their
;
duty being, to
Bristow, '
who were a brotherhood consistinf'
o of clergy
&J and keep old record.^
of Bristol and
elsewhere.
laymen, and kept the ancient recordes and mynaments, not
onely of the towne, but also of other societies in other remote
places of the kingdome. In consideration whereof, there was inquiry ordered
by the Bishop of
a commission sent from Walter, bishop
^ of Worcester, unto Worcester
,
A. D. 1318,
Robert Harell, rector of Dirham and Deane of Bristow, dated
the 1 8th day of the kalends of June, anno 1318, to warne
all persons that had any charters, writings, or privilidges, or
mynuments, concerning the liberties or privilidges of the church
of All Saincts and fraternities of the Kalenders, to bring them
in, and also to enquire the truth of the same, in respect that
most of the charters, writings, and recordes were lost and many records
having been lost
embezeled away, by reason of fire that happened in the place or burnt.
or library that was in the said church of All Sainctes. To the

execution of which commission were called and cyted the Abbott By whom the
inquiry was made.
and Covent of St. Augustine of Bristow, and divers burgisses in
the name of the Mayor and Cominaltie of the same towne, and
also all Rectors and Vickers of the same deanery, who appeared
some in person and others by theire procurators. These certified
the said bishop that, in times past, the said fraternitie was called Facts proved
before them.
the Guild or brotherhood of the cominaltie, cleargy, and people
of Bristow, and that the place of the congregation of the brethren Antiquity of the
and sisters of the same was used in the church of the Holy
Trinitie of Bristow, in the time of Aylworde Meane and Bris-
tericke his Sonne,who were Lordes of Bristow before the last
conquest of En^fland.
00
The beerinninef of which fraternitie did
then exceed the memory of man and did continue successively,
;
Begun before the
time of William L
after the conquest, the place of meeting of the said fraternitie,
volume. These ordinances of the Fullers, as well as the account of the

Kalenders and the ordinances of the Ringers which follow, are printed
from Mr. Pocock's MS. volume. See before, p. 283, note.
OILD OP THE IllNOKKS,
during the tiiuo of Williiun (lu- ('oiwiurror, Williuni Kufus, and

King Henr}* the first, niul nUo of Kol>ort Fitzlmyinon, CoiihuII
of Olouct^tcr and Lordc of BriHtowe, and Hu1>sc*({uently in tho

time of Kinjj Stccven, who tookc this townc by wnrrc from
Robert carle of Gloucester, that was founh>r of the priory of
St. James. And after decease of the said Stecvcn, and reignc of
iBtbviinMar King Henr>' the second, who was sonne of Maud tlie enn>re88e
..^.u.M- "^^ daughter to King Henry the firet, one Rol>ert Fitzharding,
a burgis of Bristow, ])y consent of the said Henry tlic second
JJ*'*'"'
and liohert earlc of Gloucester, and others that were interessed
therein, the said Guild or brotherhood, from the said church of
Holy Triuitie unto the church of All Sainctcs did translate and
limtfMmaihm bring; and did found a sehoole for Jcwes and other strangers, to
acted far Jew*. 1^ brought Up and instructed in Christianitie under the said
firatemitie, and protection of the Mayor of Bristow and monastery
of St. Augustine in Bristoll for the time being ; which house or
schoolc is now called the Checker Hall in Wine Street.
TbcToiwy r..iirt Note liere, that the place of Justice called the Tolsey of Bristoll
booi A.D. \:aj.
and eounsaile house of the same, was buildcd in the third yeare
of king Edward VI., and in the yeare of our Lord 1549 ; which
was many yeares after all these matters above written were
iwntarjoribe mentioned- And the place
'
wherein the said kalenders and
lalMdmwma ,
kivwd In Uie librarj' were Imrned, is the roode loft or chamber next unto
WWwBiift of AlU
ayoteduirdi. the streat, being on the north side of All Sainctes church, over
the pictured tombe of queenc Elizabeth.
(c) Gild of the Ringers.
TlMMartldn It is agreed and determined, that every one that is or shall be

nofl be kcfii bj
u tht riogart. of the Company or Society of Saint Stci)hen's Ringers, shall keep
all Articles and Decrees tliat are or shall be specified in this
Ordinary concerning the good government and peaceable society

WkatBriMii of the said Company ; and that none shall be of the said Society
ImloM to fht
gild. but those that shall be of honest, peaceable, and good conversa-
tion, and such that shall be at all time and times ready to defend
whatsoever shall be allcdged against the said Company, as well

BRISTOL. 289
in regard of any challenge as of any other Avrong or injury that

shall be offered and done by any one, of what estate or condition
soever he be ; so that we may not only stop the mouths of those
that would or shall exasperate themselves against us, but also
f?ain credit and reputation by our Musical exercise
^ ./
:
^
that others May the sound of
J.
Qyj. cymbals draw
of our rich neighbours, hearinoj these loud Cymbals with their î'^" the purse-
o r> 7 J strings of the
bearers,
ears, may, by the sweet harmony thereof, be enlarged in their
hearts to pull one string to make it more swêet. And for these
and other like causes, We have procured this Ordinary, and do

confine and oblige ourselves to these articles following :
1. ImpHrtiis. For the choosing of every Master, you shall choice of aMaster.
put three honest men into the Election ; and he that hath most
voices to pass on his side, shall be Master of the Company of
Ringers for the year ensuing.

2. Item. For the * of
choosino: Wardens, you *'
shall put
^
four choice of
Wardens.
honest men into the Election ', and that those two of the four
that have most voices shall be Wardens of the said Company for
the year ensuing.
3. Item. You shall have four quarter days every year : (that Four days of
_, ,
meethig in every
is to say), the ist, Saint Stephen the Martyr ; the 2nd, the year.
Annunciation of the Blessed Virgin Mary ; the 3rd, Saint John

the Baptist ; and the 4th, Saint Michael the Archangel.
4. Item.
^ Upon
r J one of the
every said quarter
T.
days, every one '
Quarterage shall
"^ ' be paid on eacli
that is a Freeman of the said Company shall pay to the Master ^^ tôse days.
for the time being, for his quarteridge, one penny. And if he
doth or shall deny or neglect to pay the same, he shall pay, for
such his offence, three pence : one penny thereof to the Sexton,
and the other two pence to the Company.
5. Item,. Every Master for the time being shall give up The Master shaii
render an atcount
his account upon the seventeenth day of November, of all quar- once a year.
teridges and fines as he shall receive in his year. And if he

shall deny or neglect, he shall pay, for his offence, the sum of
twenty shillings to the Company, of his own proper money.
6. Item. Every Master shall be chosen on Michaelmas day. The Master shaii
be chosen on
between five and eight of the clock in the morning. If the Michaelmas day.
Master shall neglect to send the Wardens to warn the Company,

19
soo GILD or TIIF. RINCiERa,
fo timt ly that moans tlio <lay lc tli-fcrnil, he kIuiII iay for lii8
offence tlio 8un of hIx hhillin^H to tlio Cunipany.
7. //rwk TIuTC Bhnll lc none iiuulo free of the m'n\ Company,

or pmy aw. unlesK he pvi* the Company a breakfast, or pay tlie sum of three
hillinpt ami four i>ence in money.

8. /tern. If the Masttr for tlie time l)cing shall send to the
Wnnlens to warn the Company, and if they neglect the sanie,
they shall |Miy for their oflVnce four ]>ence a i)iece ; one penny
thereof to the Sexton, and the otlicr three pence to the Company.
FMBhyoMtbt 9. lU'iH. If the Master for the time being shall ne;;lect or
Maurr. ifb* e>lb
to mmru Um raO. forget to warn the Company, once within every fourteen days,
for to ring a bisett sett peale, he shall pay for bis offence one
shilling, to be divided among the Com])any.
10. Item. If the Master for the time being shall send to the
oa Dolk* ffivan of Sextou concerning a peale that shall be rung, either at night or
mpmL
in the morning, or at any other time that the Master shall i)lease
to ring, if he shall deny or neglect to come at the very hour that

the Master doth aj>j>oint him, he shall pay for his offence two
pence, to be divided among the Comjmny.
FiMlOtiM 11. Item. Every one that is made free of the said Company,
Hcstoa.
shall pay to the Sexton four pence for his fee.
Wborrer iweart, 12. Item. If any one of the said Company, after the time
or laalMt dialurb-
MM, ihall pay that he shall come into the Church to ring, shall: curse or swear,
or make any noise or disturbance, either in scoffing or unseendy
jesting, that the party so offending shall pay for his offence three
pence, to be divided as aforesaid.

Wbeevar trfM to
3. Item. If any one of the said Comi>any, after the time
1
rirK out *^f pbu^.
tIaJU fa; peiijJty.
that he shall ccjme into the Church to ring, shall be so saucy as
to take the rope to ring, before the Master for the time being
and the eldest of the said Company who have been Masters shall
be settled where they please to ring, the party so offending shall
pay, for such his offence, two pence ; one penny thereof to the
Sexton, and the other penny to the Company.
Bhnidering
ringen riudl pJ
14. Item. If any one of the said Company shall miss to
penalty.
strike his Bell at the second sway, in the rising of a peale, he
shall, for his offence, pay one penny to the Company.

BRISTOL. 291
15. Item, If any of the said Company shall speak, or malie Tiieremust bono
any manner 01 noise, when the iJells do rmg, so that the rmgers whiie the Leiis
are ringing.
or any of them by that means may make a fault, the party so
offending shall pay for his offence three pence, to be divided
among the Company.
16. Item. If any of the said Company shall take a rope out Noneshaii take
tlierope out of
of his fellow's hand, when the Bells [are] doing well, and do make another's luuui.
a fault, to fly off or come too near, he shall pay for his offence
one penny to the Company,

17. Item. If any of the said Company do or shall, after they Quarrelsome
luenibers sliall
are come together, quarrel or misuse any of the said Company, P^y a penalty.
before they do depart the party so offending shall pay for his
offence six pence, to the use of the said Company.
18. Item. It is agreed that every one that shall be chosen Tiie Master and
^ '
others shall pay
Master of the said Company, shall spend, of his own proper for a breakfast.
money, the sum of two shillings towards a breakfast \ and the

rest of the Company to pay the rest of the reckoning.
19. IteifYh. It is agreed that the persons that shall be chosen Each warden shaii
give the Master a
Wardens shall give unto the Master for the time being a pint pint of wine.
of Wine a piece.
20. Item. If any one of the said Company shall be chosen whoever is
chosen Master,
Master, and he shall refuse the same, contrary to our Ordinary, '^nd wiii not
serve, shall pay
he shall pay i^to the Company three shillings and four pence. a penalty;
21. Item. If any one of the said Company shall be chosen a a.d so with t. e
' r J Wardens.
Warden, and shall refuse the same, he shall pay unto the Com-
pany one shilling and six pence.
22. Item. If any one of the said Company shall be so rude k,ieef aTid "-a^*
'"'^
as to run into the Belfiy before he do kneel down and pray, as \x^^Zm^]^
every christian ought to do, he shall pay, for the first offence,
six pence, and for the second he shall be cast out of the
Company.
23. Item. If any of the said Company shall deny to pay any whoever does not
simiipayapenaity,
fine or fines that shall be imposed
^
on him by the Master or''
or be expelled.
Company, and shall peremptorily stand and contend in the same,
he shall, for his offence, pay the sum of two shillings, or else be
utterly excluded for ever, without bail or mainprize.
GILD OF TIIR RIN0ER8|
Arniiiaato 14. fUm, It U nin-ccil that, yearly, there hlmll lo a jualc

iiinoiairMMi. nin^. U|H>n the eighth tiny of OctolK-r, 111 rcmcinluaiue of
Mr. William Kyton, ilecfiUJtMl ; who gave a legacy of four pounds
unto the wiitl Company. And if any hhall refuse to assist to ring
the same |>calc, warning Iteing given hy the Master, he shall pay
four pence. And if the Master and Wardens for the time being
shall fail to give warning, they shall, for their neglect, pay one
shilling a piece to the said Company.*
n.rnefor 25. /(em. It is agreed that, yearly, there shall be a peale
A^r rung, Upon the three and twentieth day of Tsovcmbcr, in remem-
bniiye of Mr. George Wîtherly, deceased ; who gave a legacy of
five pounds unto the said Comj)any. And if any one shall refuse
to assist in ringing the same peale, warning being given by the

Master for the time being, he shall pay four pence. And if the
Master and Wardens for the time being shall neglect to give
such warning, they shall, for such their neglect, forfeit and pay
one shilling a piece to the said Company.
TiMaaMfar 26. Item. It is agreed that, yearly, there shall be a pcalc
rung, upon the four and twentieth day of October, in remem-
brance of Mr. Wîlliam Nicholls, deceased (being the day of his
deîth) ; who gave a legacy of five pounds unto the said Company.
Antl if any shall refuse to assist in ringing the same peale, warn-
ing being given by the said Master for the timcjjeing, he shall
pay four pence. And if the Master and Wardens for the time
being sliall neglect to give such warning, they shall, for such
their neglect, forfeit and i)ay one shilling a piece to the said
Company.
Tbtfluna for
27. And likewise for Mr. Isaac Elton, deceased, who left
anoilnT nod*
five pounds, on the twenty second day of November, under the
like penalty.
Itoaawfor 28. And likewise for Mr. Samuel Wyatt, deceased, who left
five pounds, on the eighth day of June, under the like penalty.
At the end of this ordinance is written, between brackets, as follows :
" who deceae<J in the year one thousand six hundred and JBfty six."
The dates of the other deaths are not expressly given but tliere can be no ;
doubt that the day api>ointed, in each case, for ringing the peal, was the
anniversary of the death.
BRISTOL. 293
29. And likewise for Mr. George Escott, who has given five The same for
pounds, on the twenty fifth day of April, yearly, under the like doer,
penalty.
30. And likewise for Mr. John Maddick, who has given four The same for
another good-
pounds, on the twenty fifth day of February, yearly, under the doer.
like penalty.
Note. The true date of these Ordinances cannot be known. In

Mr. Pocock's MS. volume, a number of dates are given, as those of
copies made one after the other, and through which this copy has come
lineally down. The earliest of the copies thus named is of the year
1620. The internal evidence carries the true date of the original
ordinances to a much earlier time, though each copy has, of course,
adapted the speUing to its own time. These ordinances bear every
characteristic of those of gilds that can be identified as flourishing in
the fourteenth and fifteenth centuries. Even the amount of the fines,
as well as other internal marks, carry back the date to the same time.
In the Bristol Mirror of 7th December, 1822, there appeared an
account of a meeting of this gild, with the addition of what professed
to be some of the ordinances. But the editor must have been made
the victim of a hoax. What were thus printed have some likeness to
some of those now printed; but they are very incomplete and in-
accurate, and are, moreover, disfigured by a fantastic spelling which
the writer no doubt thought gave them an air of antiquity, but which,
in fact, at once stamps them as spurious. Probably some member of
the gild who had seen the original ordinances, quoted those fragments
of them from memory, and dressed them up in this fashion under the
much mistaken notion that an indefinite multiplying of consonants
and misplacing of vowels would make them pass for "early English."
Mr. Pocock's MS. gives many further particulars as to this gild,
including the names of the Masters and Wardens up till a.d. 1834,
and many fresh memoranda made and ordinances passed, from time
to time, since 1620. Of these, two may be quoted; the one of which
sliovvs that the gild admitted others than the usual class of mere
Ringers ; while the other shows that this gild, like all the old gilds of
any importance, was accustomed to have its annual feast day, with the
obligation on all the bretheren, save such as were specially excused, to be

present at the feast. They are '* Nov.
18, 1700. Admitted
as follows :
Mr. James Hollidge, late sherriflfe, who paid his fine, 3.5. 8.d. ; and
David Kinlock, Rector of S^ Stephen Parish, who paid for his
admittance 3.5. 4.C?., as allso 4.C?. to the Sextone. Paid y^ Sextone
Woman her dews, 2.s. Received by y*^ Company i./."
" 17th
November, 1 701. This day agreed, y* whereas a Bean-feast is annually

994 aiUM or rinqers,
held for J* iKHTicly of Ringcni. y every perton of the gocicly, bcinK

personally warned, and not t^ving a Buflicienl excuse to he allowed otV
by )- 9* aociety (or Imh not nppcaiinK alt y' s*' feast. 8liall pay for Buch
default one shilling, to he njiplyd towards )'" discharge of y said
feast."
Tlie fondness of the Knglish people, through long ages, for roUHic,
in well known to all students of our history, though there is a vulgar
error afloat to the contrary.* The ordinances of several gilds given m

this volume have shown how the !)rctheren and sistcren delighted to go
in procesbion, "with much music "t [^mtdta melodia'\. Hut, besides
this, there were gilds formed for the express purpose of jiractising
mubic. \Varlon gives an interesting account of one of these in his

**
Histor)' of English Poetry." J Bishop Percy mentions another in the
Essay prefixed to the first volume of his " Reliqnes."^ Among the
Returns made in January, 1389, tliere is one from the "Gild of the
Minstrels and Players" of Lincoln. It has already been seen, in the
ordinances of the Gild of St. Kalhcrine of Stamford, how that most
charming of all the forms of mtlody the ringing of bells in peal
was established, at least as early as 1494, as one mark of honour to the
memory of good-doers to the gild.|| This Bristol Gild of Ringers

illustrates the same thing in a very striking manner. Where older
gilds ap])ointed placebo and dirige to be said, with, sometimes, as in
the caiie of Stamford, a peal of bells, this gild kept the anniversary of
the death of good-doers by the ringing of a special peal.
The importance attached to church Bell-ringing, as a science, can
be carried back, by the help of our English records, to an early date.
In Stowe's "Survey of London" is the following passage: "The
same year [1244] the king [Henry III.] commanded the keepers of
his works at Westminster, that they should provide for the A])bot of
Westminster one strong and good beam, to support the Bells of the
king^s gift; and deliver the said beam to the sacristan. And in the
39th of the said king, he gave 100 shillings, by payment each half
More than three hundred years ago, Erasmus remarked the love of
mufdc as a gpecial characteristic, di.stinguishing Englishmen from oilier
European nations. "Jam vero video, naturam, ut singulis mortalibus
Buam, ita singulis nationibus ac poene civitatibus, communem quandara
inseriase Philautiam. Atque hinc fieri, ut Britanni, pncter alia, formam,
muicam, et lautas mensas, proprie sibi vendicent." MoricB Encomium, ed.
1633. p. 1
1 5 ;
the prefaratory letter to which work, addressed to Sir Thomas
More, bears the date of a.d. i 508.
t See, for examples, before, pp. 148, 149.
X Vol. ii. p. 536, ed. 1840. Ed. 1812, p. xlv.
II
See before, p, 190,

IN BRISTOL AND WESTMINSTER. 295
year, to the bretheren of the Guild at Westminster, and their suc-

cessors, who were assigned to ring the great Bells there, to be paid
out of his Exchequer, till the king can provide them the value of lOo
shillings Land or Rent." *
Several records are to be found in the Public Record Office as to
these Westminster and other Bells. One, of 34 Henry III., desires
Edward Odson to make a bigger bell than those he had made the year
before ; and if he has not metal enough, he must buy it : He must
not break up any of the old bells to get the metal : And the new
Bell must be ready by the feast of Edward the Confessor.t Next
year, Edward of Westminster (no doubt the same man who was, in
Odo) is desired to make another Bell,

the last year, called the son of
to chime harmony with the Great Bell of Westminster, though not
in
so big.J Within a month of the last date, the same Edward of West-
minster is desired to buy two Httle Bells, and to deliver them to the
Constable of the Tower of London, to be hung in the Chapel there.
Four years later, letters patent, still extant in the Public Record
Office, were issued (a.d. 1256), granting, to the Gild of Ringers of
Westminster, the (for that time) large yearly payment of a hundred
shillings out of the treasury, until rents to that amount were settled
upon the Gild.|| It is added, that these bretheren shall have all the
liberties and free customs which they have had, from the time of the
blessed Edward, King and Confessor^ until now.** The antiquity of the
* Stow's Survey, Book vi. p. 8, ed. 1720.

t Close Rolls, 34 Hen. III. m. 8.
X Close Rolls, 35 Hen. III. m. 19 This entry is so curious that I give

the whole of it " De magna campana ajpud Westm., et aliis fa~.' Man-
;
datum Edwardo de Westm., sicut Rex alias mandauit, quod fieri faciat
est
vnam campanam que respondeat mangne campane Westra., et que non sit
eiusdem magnitudinis, dum tamen conuenienter ei per consilium magistri in
sono respondeat. Mangnam eciam crueem collocari faciat in Naui ecclesie
Westiu., et emat duos angelos, in modum Cherubyn, ex utraque parte
illius crucis collocandos."
Close Rolls, 35 Hen, III. m. 16.
II
The original words are :
" Concessimus pro nobis et heredibus nostris,
ifratribus de Gilda Westiu. qui assignati sunt ad pulsand, magnas cam-

panas," &c. This is the grant mentioned by Stow, as quoted above.
** The original words are
" Et quod fratres ipsi, et eorum successores
:
inperpetuum, habeant omnes libertates et liberas consuetudines quas ha-

buerunt a tempore beati Edwardi Regis et Confessoris usque ad terapus
confectionis presencium." Patent Rolls, 39 Hen. III. m. 12.
The Rev. H. T. Ellacombe, rector of Clyst St. George, Devonshire, has
in the press, while this is being written, a work on Bell-Ringing ; and,
as he and I have exchanged communications on the subject, some of the
'2:h\ RINnKRfl IN WKSTMINKTEtt AND iJlUMINdllAM.
(jiJd of WcmminBtcr Ilingcn is lhu put lu'yond ihc reach of (loul)t.

And *
Hig IWn" of Wclininilcr proves to be only the young offHpring J
of a vtTV nncicnl race.
Other exaiTipU'H might be given. Thus, Hirminghain haK long
l>ern famoun for its ficalH of bells. The Gild of the Holy Cross paid I
' ffor keping the clocke and the chyme."* In 1552, it was formally
rrconlf<l that there were, in the old church of St. Marlin'H of
Uirnungham, " iiij llcUes, with a clock and a chyme." f .\n(l a piece
of land was, some Lcnchc' Trust," J which

centuries ago, given to
*'
has ever since been called " Rell-ropo-croft," and the ])\irposc of
which was, and still is, tiiat the income hhall " be employed and
disposed of for buying of Hell-Ro|)e.s for the said Church, aud keeping
the same in order from time to time."
same fHctH vnU probably npinâr there as heru. But Mr. EIlacoinbo'H b<i(ik
will l*e a full and valunblo acct)unt of a subject of great interest, at which
1 here only incitluutully glance.
Seo iHifor*.', p. 248.
f Seo " MemorixUs of Old BirmiDghaiu" (uecond part, Men and Naniat),
V 9'-
X Scv before, p. 251.

]
297
XVI.
READING.
The Gild of Reading.
[Among the Harleian MSS. in the British Museum, is a Some hints as to

Gilds may be
Chartulary of Reading Abbey. In this Chartulary are some found in old
chart ularies.
entries as to what appears to have been a Gild Merchant in
Reading. A complete copy of the ordinances is not given ; only
what seem to be short heads or memoranda : and these are
written in an unusually barbarous kind of Norman-French. A
literal translation would be unintelligible. The case is histo-
rically valuable, as showing another source whence information

as to the old English gilds may be got. It has already been The Clergy of
York and Ely
seen how the Archbishops of York, one after another, did what gave generous
help:
they could to help on the spirit of local self-reliance. And
it has been seen how the Bishop of Ely avowed his approval
of ordinances that denounced, in the strongest terms, the inter-
meddling of the clergy in secular affairs. It is well known that
many others, not only of the higher ecclesiastics, but of the
monastic writers of the chronicles of our history, were among
the most earnest asserters of free English institutions. But
there were of course some who were overbearing, and who
cared nothing for lawful right. Such seems to have been but in Reading
much the contrary
the Abbot of Reading in whose day these entries were made otherwii>e.
in the Chartulary of Reading Abbey. The following letter

will show the bearing which this Abbot took towards the Gild
of Reading :

TUB tni.n OK KKADlNn.
LcTTBR OF Kino IIknky VI. t rin: Waudkn ok tiik
QiLD OF UkA1)IN(}.
Kim BwyVi. Litt^rt R9gi Uenrici exti, dirccte Cuslodi Oilde de Redi/U4j.
f RMaikie nod WcIIh-'IoviÎ, wc irrcto you wel. And h<w-l)C-hit that wc callc to
mSTÂkkdi ^^^ nMnonilrnuncc how that, at our last bcyng at the Towuc of
RtHhiij;, we licenced you to bore oonly the niaso hyfore us, k<
that it he not prcjudii-iull unto oure Clmrchc and Monastcric of

Rcdyng ;
yet, nathelrsse, ye vse it other-wise than was or is
accord\Tig to oure entent. In-so-mueh that, as we sit hens have

clerly I)e^ce}'^'ell, by scheweng of evidences and credible r{'j)ort
madu vnto vs of the antique vsage and cuHtume liad in the
TimyitHmidfim samc towne, that hit is contrarie to the fTraunchiBe and libertees
iMonbit Tnt of of oure said Church and Monasterie, by oure noble auucesteres
iUidiaâiid nun* grauutid and by vs confernied, you to be called or here, other in
tei(M7Brtior name or in signe, otherwise than as kener of the Gilde of
m two
alkaritjr o * '
g^d^tarvboriM ii^îng, admitted by the Abbot of oure said ^lonasterie, and

******
not by vs, for to haue any mase or eny other signc of ofiicerc or
office to be bom by you, or any other man, with-in the said
town and ffranchise of liedyng, sauyng oonly twoo tipped stafis,
to be born by the baylif of thabbottes of our said monasterie,
TiieAbboiaodkii gTEunted and yeuen to thabbot and couucnt of the same oure
ia that put oT Um monasteric at the first ffundacion therof, oute of Court of
world.
Marchalsie, eldest of Recorde, with al maner Courtes, plees of
dett<?, of trespasse, and other, and also execucion of the same to
be dof)n by his baylif and by noon other ; as in tlieirc charters
80, Mr. wardao, of grauntc and confirmacion more evidently hit appereth. We
do not carnr
8. orwny thcrfor wollc and charge you straitly, that ye ne vse nor here
one else airr>- it.
Beontiii with any mase nor other sij'ue, nor do to be born by non other
Uw two lipped- . .
iteToi of tiw personne, with-in the said Towne and ffranchise therof, wherby
the interesse and right of oure said monasterie might in any
wyse be interrupted or hurted ; wiche we ne wolde nor never
entended, sauyng oonly the two tipped stafes in maner and
fourme as is aboue rchersed, as ye desire to please vs, and wol
eschew the contrary. Yeuen vnder oure signet, at Eltham, the
XXX, day of Juilh
299
XVTI.
EXETER.
{a) Gild of the Tailors.
[The records of this gild give an instructive example of the

character, working, and usefulness, of a middle age Craft-Gild in
England, an(.l also of the disagreements that sometimes arose
between an influential gild and the governing body of the
borough. There is an apparent anomaly on the face of these
records ; inasmuch as, while a charter was granted to the gild
in the sixth year of Edward IV., everything contained in this
charter was repealed, by Act of Parliament, on petition of the
Mayor and Corporation of Exeter, in the twenty-second year of
the same reign : and yet we find the gild afterwards going on,
and prospering, and exercising all the powers named in the

charter, just the same as if no such Act had passed. And, what
seems even stranger, no trace can be found, on the records of
the gild, either of the petition of the mayor, or of anything
that befel the gild, or was done by the gild, in consequence of
that petition and the enactment that followed it.
The only explanation seems to be that, a quarrel having

arisen between the corporation and the gild, the former went to
extremes ; but that, after the prayer of their petition had
(perhaps unexpectedly) been granted, the parties came to terms,
settled their differences, and mutually agreed to treat the Act of
Parliament as a nullity. Certain it is, that the gild and the
corporation thenceforth both flourished, side by side, and on the
best mutual terms, just as if there had never been any quarrel
or act of suppression, and that the authority of the gild was
never .practically questioned. The charter of Edward IV. was,
indeed, again and again recognised and confirmed by later
800 CIIAUTKK OF KDWAIID IV.,
kinpi ; hiuI fn'Îi nIiimnco8 i\\u\ l>yt-la\VH wore iiffniu aiul a;juin
mmlo !y the pltl in later tiinca, and sanctioned l)y the jtul^'H
in due fonii of li\v.
It most convenient to give here Jirst, nn outline of

will l>o y
the orij^nal clmrter sccoivl, Bome jmrtirulars of the (|unrnl

;
that arose Wtwecn the (iild and the C<>ri)()nitin, and of the
tranBoetions that took place thereon, including' the Petition of the
Mayor and Coq>oration aiâinst the Gild, with the enactment
founded thereon ; and, afterwards, the Ordinances of the gild,
with some illusti-ations of their practical working. For, though
the greater part of those Ordinances were made and in use befon3
tlie date of the Petition, the original ordinances, with the addi-
tions nuule to them from time to time, endured for centuries
after the Petition and tlic enactment founded on it had been

forgotten.]
(i) CiiARTEU OF Edward IV.*
By these Letters Patent, the King, for himself, his heirs and
successors, so far as he has power, enables his leiges of the
I here use, unwillingly, the word " Charter," in conformity with

custom. It would be more accurate to speak of all Huch documents as
"Letters I'atc-nt." A "Charter" is, properly, the dealing with some
property that a man haa of his own, and which, by the Charter, he gives
over to some one else. The grant of Jurisdiction is quite a different thing.
I give only an ftutline of these Letters Patent, as the most important
parts of them are fully set forth in the King's Award and in the Petition
which follow, though other parts are there ingeniously suppressed.
Tlie original Charter (Latin) is in the archives of the Corporation of
Exeter. In 1863, I wrote to the Town-Clerk of Exeter, asking if there
were, in the archives of the Corporation, any traces of this gild the
Petition and Enactment as to it being then well known to me. He replied
that there were none. But the Coqjoration of Exeter, wiser than many
othern, bethought themselves, thereupon, that it would be well to know
what really was contained in their archives. They were happy enough
to engage the services of Mr. Stuart Moore, a gentleman not only of great
experience in such matters, but who takes a lively and intelligent interest in
them. Under his skilfully applied wand it is that, knowing what I have
been seeking, the discovery has been made of all the records here given as to
this gild, except that which I ha<I already found on the Rolls of Parliament.
But must acknowledge the really allowance, by the Corporation of Exeter,
I
of the making of any extracts that I wished to use for the present work.
TO THE TAILORS OF EXETER. 301
Craft of Tailors in the city of Exeter, to establish a gild of the a ciid of Tailors
men of the said craft, and others; to maintain and encrease it; in Exeter;
and to choose a Master and four Wardens. They may wear who shaii ciioose
officers WGtir vl
a livery, and hold meetings, and have feasts, and make such livery, I'loid feasts,
make ordinances,
ordinances as they think best. The gild shall be a Body beabodycor-
and have
porate,
Corporate, and have a Common Seal, and may plead and be a common seal.
impleaded by the name of the Body Corporate. The Master

and Wardens shall control the gild, and amend the misdoings
of any of its members or their servants. No one shall have a
board or shop of that craft, unless free of the city ; nor shall
any one be let join the gild unless known to be good and
faithful. The Master and Wardens shall have a general con- The Master and
Wardens shall
troul over the craft of tailors, and over others Jjoining
' & the &
gild, J
iiaê control over
tailors and others
and their crafts ; and may, with the consent of the Mayor of the ^^ ^^^^ s^^^-
city for the time being, amend all defaults found. None else
shall have such controul, except the said Master and Wardens,
or the Mayor and
^
his deputies.
^ Given at Westminster, on '
I'jth
*
Dated 17 Novem-
ber, 1466.
November, 6 E. IV. (a.d. 1466).
[Below is written] : By writ of privy seal, and by authority

of Parliament, on the date aforesaid ; * and for forty shillings
paid into the hanaper.

[A fragment of the Great Seal still remains attached to the
original charter. This charter is recited at full length in, and
confirmed by, "inspeximus" charters of Henry VIII., Edward VI.,
Philip and Mary, and Elizabeth.]
* No authority of Parliament is, in fact, named in the Charter. The

" authority of Parliament" thus invoked, seems to be what is implied in
the Act of Resumption of 4 Ed. IV. in which Act all Letters Patent
;
granted to " the Wardeyn or Maistres of any Craft or Craftes," and also
the "Graunte of Licence by the Kyng to founde or make any Fraternite,
Gylde," &c., are recognised and declared to be good ; a recognition which
is repeated in the Act of Resumption of 7 Ed. IV, See further as to these
Acts in the Introduction.
] ;
90% qUAREEL UirrWKBN' TlIK (IIIJJ Off THE TAIL0I18,
(a) QlARREL BBTWEKN THK GiLD AND THE CoTirORATION.
pTic quarrel ln'tweou the Tailors' Giltl and tiu- C(q)orati(Hi
eemi to have bcpm within a short time after the jânt of the fore-
going Charter, and to have been carried on with great heat, lii
a large folio volume, cumpili'il by John Vowell, (tlian Iloker,*
Chamberlain of Exeter in the time of Elizjibeth, and which still
remains in MS. among the records of the Corporation, is found

the following passage, under date of i 5 Edward IV. :

Arrratqtum-i Mil : that, this yere, there was a create controversyc betwene
uMi the Giw. l\^^. Mayor and Citesens of the one partie, and the companye of
the Taylors of the other partie, for and concernynge a new in-
corporacion w<"^ the saide company of Taylors had i)rocured from
the kinge; whereof ensued greate trobles, longe and chardgeble

It M ended by suetcs. But, after too yeres, the kinge ended the same, and
UwKlBg'aAwanl:
delyvered his determynation, under his
. ... jirivic scale, unto M*". Petdr
Courteneye, then Deane of the Cathedrall Churche of St. Peters
in this Citie ; and he delyvered the same to bothe parties. And,
nlbeit this was a fynall order of all suetes yn lawe, yet the
malyce and greeff w^l^ was conceved hereof could not, yn longe
tyme, be satisfied nor appeased.
[Tlie truth of this "Memorandum" is fully borne out by

numerous entries found in the Corporation records. In an old
paper book, of contemporary date, mention is made, in 16 E. IV.,
of the disfranchisement of several tailors by name ; and the
command is issued that " non in]ia})itant shall, from hensforth,
make no gamcamentes w* ony taylo^" underneth wi'itcn and
disfranchised, nc wyth no noder of there oj)inion, uppon payne,
for the fyrste g>'lte, xl.c/. : and for the second gylte, vi.s. viij.ri.
and the iij. gj'lte, to lese his franches." Some tailors who
were on the city council were even refused the usual gifts, of
* Hoker's MemoriAls were largely used in Izacke's "Antiquities of

Exeter."
AND THE CORPORATION^ OF EXETER. 303
wine and canon bread, made at Christmas to the members of

that body ; while some men are found to have been of souls so
mean that, to keep the city franchise, they " renunced the charto^
purchased by the taylo^ys contrary to the liberties of the cite,
and euery poynte of the same, and the use of h*, by ther oth
made vppon the crucifyxe and the holy Euangelistes." * But, on
September 22, 17 E. IV. (that is, after the King's Award), we
find that, " in opyn Court, the Mayer and by the
baylleflfes,
assent of the xxiiijî, at instans and contemplacyon of owre

soverayne lord the kyng, according to certyn instrucyons by-
nethe wiêtin,t toke, reputed, and declared the said persones nott
discomened nor disfraunchesid for any matter or cause touchyug
the variances bytwext the sayd Mayer, bailefFes, and Communalte,
on the tone party, and the Maister and Wardens of the craft of
Taylours, yn the other party, passid before this tyme."
On the other hand, it seems that the Tailors' gild tried to
carry their charter into active effect with a very high hand.
Doubtless the facts were highly coloured by the corporation
officers ; but on the Rolls of the Mayor's Court of Exeter, during
the 15th, 1 6th, and i^th years of E. TV., there are found many
presentments, which set forth how divers of the gild have tried
to enforce the payment, by tailors in the town, of their fees to
the gild ; and we are told, in the extraordinary Latin of the
day, how, " modo guerrino arraiati, vi et armis, videlicet jackis,
doblettis of defence, swerdis, bokelers, gleyves and stavys, in
domo" of the offender they went, and beat and threatened cer-
tain men who held out. Sometimes their weapons are described
as " arcubus, glayvis, baculis, et daggariis," or as " gladiis et
daggariis ; " but the object is always the same. In one instance
the offence is aggi'avated by one of the wrong-doers being
further presented as playing dice and cards within the city.
All these things were going on during the 15th, i6th, and
17th years of E. IV. Meantime, the corporation was sparing-
no expense to get up a case against the gild. Entries are found
* It must have been cases of this kind which roused the indignant
action of the gild, of which an example will be found after, p. 323.
V These are what are given on the next page, under the head of The
King's Award.
]
804 oii.n OP TUB TAii/)ns, exkter.
.1 inuncvR apiiu
T'
ivrr' Aroountj*. ninl rlHi-whrrc, of |uil,
tonCH incurred in tlir Hanie matter from time to

I
time; for horse-hire in rilin^ to Taunton to get some evidence,
and getting it written out untler tlic common seal of Tnunton ;
and for takimx that cvich'ncc uj) to London. A'c. iVc.
At K-ngtli the matter \\i\s liroULjht before tlie king in council ;
and the following is the curious record of the award nuidc :

(3) The King's Award.
(T Memomncl : that, concerning this corporacion, grcate troliles
^Mj ix-M- mat grewe hetweene the Mayer and Comminalte of thonc partic, and
A graaM oomro- the company of the saido Taylors of thother partie

** Thone ;
STStftaadUw supposinge the new graunted Charter to be prcjudiciall, and

TartoOk**
agaynst the lyberties of the Citie, and thother parte, beinge men
of good welthe and countenance, and sundrie of theymo then of
the common counsell of the Citie, standingc upon thcire rei)U-
tatioD, and mmdynge not to take the foyle, stande to mcaneteanc

and defende theyre cause. Whereupon fell and folowed grcate
trobles and enemitie : for some were disfraunchised, some im-
pr}'soncd, some theire shop windows shutt downe ; and soche of
ThacoirtrovHrfe the}Tii as were of the common counsell were excluded. And l>y
othTkynge.'* that mcancs the matter was brought yn question before the
kinge ; who, takingc the hiringe and detcrmynation thereof yn to
his o\*'ne handes, dyd decyde and ende the controversie, and by
decree did sett downe his fynall order and detcrmynation, w^^^ is
as folowethe :

The Decree and order of kinge Edwarde the fourthe, for
the endinge and appcasinge of the controversies and

variaunces betweene the Mayer, bayliffes, and com-
munalte of the citie of Excester, of thone partie, and
the company of the Taylors of the same, of the
other partie.
Oure sovcreigne lorde. willinge allwyse to sett a fynall ende

aZuyLL^
JJJJ^J'jJJ'J^JJJ-
and Concorde l>etwexte the Mayor, bayliffes, and communalte, of

THE KING^S AWARD. 305
the citie of Exceter, yn that one partie, and the crafte of Taylors makethe a
, . .
fynall ende and
of the saide Citie, yn that other partie, yn appeasinge the determynation."
varyaunces of the saide parties ; by the advise of the lordes

spirituall and temporall of his greate counseyll, yn his palleys of
Westmynster, the xxij. of ffeverer, the xvj. yere of his reigne,
yn presence of Richerd Wagot

o and J ohn Sayer, proctors
i ./
and [Both parties
having appeared
atturneys of the saide Mayer, bayliffes, and communes, and by their attur-
Richerd Tournour and William Sengill, proctors and atturneys

of the Master and Wardens of the sayde crafte of Taylours,
askinge instantly a fynall decree and judgement to be given

and made yn this behalffe : It was consydered, advised, and
finally decreed, judged, and determyned, yn manner and forme
as folowethe :
fFyrst, that the Master and Wardons of the fraternitie and crafte
of Taylors and successors, shall use theire saide letters patentes
after the manor of the same unto this clause :

" Ac eligere,
habere, et facere possint, unum magistrum et quatuor custodes

de se ipsis, quotiens eis placuerit vel opus fuerit, pro guberna-
tione, custodia, et regimine, fraternitatis predicte imperpetuum:'*
\y^^ clause the saide Master, Wardens, and companye, and
theire successors, shall use yn this wyse ; that is to saye, as
often as any election shalbe made of the master and wardens of

the saide crafte, suche master and wardens shalbe chosen of " The Master and
Wardens of the
men of the same crafte onely and none other. Taylors shaibe
onelye chosen [of]
Item, where it is conteigned yn another clause of the saide ^^^ ^f the same

letters patentes yn these words
''
:
" Ibidem facere ordinationes
occupation."
inter seipsos, prout sibi viderint magis necessarios et oportunos,
pro meliori gubernatione fraternitatis predicte:" The saide " The M' and
Master, Wardens, and theire successors, shall make no suche make no order
prejudicial! to
ordynaunces, by force of the saide wordes, that shalbe preiu- the lyberties of
^ ''
.
^ "^ thebyshopand
^
diciall or derocjatyve to the lyberties, firanchasies, right and ^'^ churciie, or to

J ' ^ O 7
the Mayer and
laufull customes, of the bisshop, Deane and chapter, Mayer, ^"'^"
bayliffs, and communalte, nor to any of their successors.

Item, where it is conteyned yn the seide letters patentes :
" Quod fraternitatem predictam sive misterium, infra civitatem

et in suburbis ejusdem, ordinare et regulare, et defectus
20
S06 On.D OF THK TMT/)nS, EXETER.
orandem ac scn'iontium 8U(ruin, i><r visutn |)rtlM>rutn homi-
num I't maîs miiruitntiuni ilr iiiiHtcra illn, corrij^cro ct eincn-
"l^W uti^M . tUre, |KiMiiit :" Tlmuf^he the 8ailc wonlcs he genernll, the
tfc>T*- 5 * f saidc master, wnnhiis, and theirc suceessors, shrtll onh'imie
^^'^
MM lO IWMW
^ ?***'**' Blul rule the wiide fnitomitie aiul niysterie w*l'in the juiis(litin
^^^f;'*^'' of the wiiil C'itie ondye ; and tlie dcfaultcs of thcyni that ho of
"*'*
the saiih' cniflo, and theirc servauntes, yn suthe tliinges as to
theire saide crafte of Taylors oncly helongethe, wt''in the saide
jurisdiction of the saidc Citie, and yn none other place, shall
oncly eorrecte and amende ; the franchasics, liherties, rightc, and

luufTull customes of the saide Mayer hayliflcs and commuualtc
all way es saved.
Item, where it is contcigncd yn a-nothcr clause yn the saidc

letters patentcs :
"Quod nullu.s, infra libcrtatcni illam civitatis
predicte, mcusam vel shopani do mistcra ilia tcncat, nisi sit
de liliertate civitatis i)rcdictc ; ncc aliquis ad liljcrtatem illani
pro mistcra ilia admittatur, nisi per prcdictos niagistrum

et custodes et succcssores suos testificctur quod bonus, fidclis,
ct idoucus sit pro eisdem :" The saide M"", Wardens, and
No iwrwn to be thcirc Bucccssors, if tlicy tcstifie to the saide Mayre and
Jrr*?" hayliffes for the tyme beinge that any person be good,
ûSSLas-^ ih.
trcw, and hable for the same crafte, other then have bennc
mi't!!*th^Myer' prcntysc or ought to be free there by theire birthe, And thcrc-
himtJtMMUmfrty Upon desire the saide Mayor and bayliffes to make him a
freeman of the saide citie yn the same crafte ; Then he so
presented to be by theym admitted. But if it be so that the

saide Mayor and bayliffes understaundc him that slioldc ])e
made free be not of good disposition, nor good conversation,

in w^b case the saide Mayor and bayliffes shall mowe, by theire
discrcsion, refuse to make him a ffree man of the saide citie yn

If the M' and the saidc crafte. And if so be that there be any person of the
refu- to pr'-^nt a samc craftc, that is good, trewc, and hable to be made a free-
in.u forti* nian of the saide Citie yn the saide crafte,' wc^ the saide Master
'
lybenieii of the
Mv<r"rhen*ihe
^^ Wardcus rcfusc to tcstifie liable to the saide Mayor and
idvi^rJi'th^*
bayliffes of the saide Citie ; Then the saide Mayer and bayliffes
niuj.totake ^jj. ^jjg ^jj^g beinge do call before theym the saide Mr and
THE KING''S AWARD. 307
Wardens, to sliew if they have any cause resonable why the

saide person sholde not be made ffree man of the same ci'afte.
And thereupon the same Mayer and baylifFes, callinge unto

theym the xxiiijor of the commun counsell, or the more parte of
theym, and delyberation had upon the cause so to be shewed,
shall mowe refuse, or admytt, the saide person to be a ffrecman
of the saide craftes after theire descretion.
Item, where yn another clause conteigned yn the saide letters

patentes it is conteigned :
" Quodpredicti Magister etcustodes,
et successores sui, Magistri et custodes fraternitatis predicte
pro tempore existentes, imperpetuum habeant et faciant plenum
scrutinium in et de mistera predicta, ac omnibus aliis personis
qui cum scissoribus infra dictam civitatem nostram et suburbia
ejusdem privilegiati existant seu existent : et de talibus misteris
quibus ipsi seu eorum aliquis utuntur seu utitur, vel ante hec
tempora usi fuerunt vel usus fuit : ac omnes defectus inter eos
inventos, secundum descretiones suas, per supervisum majoris

dicte civitatis nostre pro tempore existentis, corrigere et refor-
mare valeant :"

The saide M^ Wardens and successors shall " The m>- and war-
dens shall make
have and make full serche of and yn the foresayde crafte, onelye sercheoneiye
J ^ J i
w%n thejuns-
wtîn the jurisdition of the citie, and no where ells : and the andToucWn e the
defaultes founden there touchinge the saide crafte of Taylors, oneiye^^*^
onely, after theire descretion to amende and reforme ; The

lyberties, franchases, right and lauftull costomes of the mayer
bayliifes and commun alte and theire successors allwayes saved.
Item, that the saide M^ and Wardens, and theire successors, "TheMrandWar-
<J6"^ w'hoiit inter-
.
n 1
shall use thcire letters patentes yn all thinges not repugnant to mption shaii use
^ ^
theire letters
the premisses, nor any of theyme, wt'ôut interruption of the patentes, beinge
not repuunant to
saide Bisshop, Deane and Chapter, Mayer, bayliffes, and com- this order."
munalte, and theire successors : the lyberties, fFranchasies, right

liberties, and laufFull customes of the saide Mayer, bayliffes, and
communalte, alwayes saved : Provided allwaye, that if any diffi- "Aiidouhtestobe
refferred to the
cultie or ambiguitie yn understandinge
o or usinge
o of the premisses,
i
king- and the
counsell."
^
or any of theyme, be had or moved betwene the sayde parties,

that then the interpretation and determynacion thereof be re-
tferred unto o'" sovereigne lorde the kinge and his counsell.
a
niLD UP TUB TAILOBSj BUETKU.
Note. Since these pegcs aH to ilic Kildii of Kxclcr were put m

lyjK*, mum- faclM Uavt been found, which somewhat modify what in h:\u\
before. ]\ J99 ; and which t*how with (jreat clcarnc8 how tlo^ncdly
the (\riMimtion haraddod thin pld, throuj^h its rarlicr ycarH. Ilavin^^
uiycd U|K)n Mr. Moore (sec l>cforc, p. ,^00, note) that there must he
umc traces amon^ the records of the Cor])oratiQn, givin)^ fuller details
M to the facts, and the costs, of the procccdingK taken, he at length
found several entries, in the old account hooks of the Receiver of
Exeter, which throw much light ujuju the whole matter.
llie following is the suhstance of some of these (the originals being
in Latin) :
1 4- If, Ed. IV. My [John Att Wyll's] expenses in London,

ttwottdor
&g;iint>t the Tailors, xxvj.*. viij.t/. Also paid to Master Thomas
Tmiktn. Elyot going to London in the same matter, xl.i-,
Tbe Town Counca 16-17 Ed. IV. Paid to John Lang, by order of the xxiiij"^ to
hhI man to
TuuUm to pick ride to Taunton and elsewhere, to gather proofs {pro littrris
testimoniaiihus) against the Tailors, vj.A". viij.(/.

tbaOfkL
He vrttca oat And for writing out one proof at Taunton, x.d. And for
pfooC. and ffeto
the Commoa 81 getting the Common Seal of that town put thereto, x\.d. And for
ofTwintoa pal
tok.
the hire of a horse for John Lang to ride to Taunton in two stages,
for eight days, ij.s. viij.t/. And to John Hysshop for the carriage
Th* proof b KDt of the same proof to London, among other despatches [et aliis
toLoadoa.
Uteris), viij.tf.
T1i Mror, Town And for wine, in the house of Mathew Jubbe, for the Mayor,
Clerii V). and
r<>iinnl hold A John Denys, and tbe xxiiij, after communication had, in tbe
irty, to
church of St. Peter, with John Fortescue and John Courtenay,
the King's Commissioners, \W].d.
Tills wine was thus jovially quaffed when tbe making of tbe King's
Award was made known to tbe officials. But tbe matter did not end
there. See the extract given before, p. 302.
Heavy crmtM in- 22 Ed. IV. Added at tbe end of tbe accounts of 20-21 Ed. IV.,
In the
is tbe following remarkable entry: Hut afterwards, namely on
Prhrat
noalli tbe lo'^' January in tbe 22"^ year of Ed. IV., John Kelly i)aid to
fhartt-r wf liie
CiUd of Tailon.
John Atwyll and Mathew Jubbe, for annulling tbe charter of tbe
Tailors {pro udnullucione carte Sissorum), by assent of tbe xxiiij"*",
xxxij./i.; together with viij.î., in discbarge of Roger Wertb, for

moneys j)aid to tbe King. And viij.*. and ij.</., tbe balance, was
given, by the grace of the city, to tbe Gild of Corpus Christi, to
lighten their charges this year. And so all are quits.
Tbe foregoing paragraph seems to show that a sum of money,
very large one for those days, bad been voted by the xxiiij (i.e. tbe
Town Council), in order to procure the final abasement of tbe Gild of
Tailors ; and that this statement of account was taken to be a final
PETITION TO PARLIAMENT AGAINST THE GILD. 309
balance-sheet upon the whole affair, finished off with a gracious gift of
the small balance left. The following entry shows that this belief was
as vain a one as was the hope that the Tailors' Gild had, by this costly
expenditure, been crushed.
22-23 Ed. IV. For the expenses of the Receiver, about the Further heavy
business of the city, in London, lvj.5. vu].d. And for the expenses |^,ave heen'in^
of John Altwyll about the business of the city, during Parliament, *^"'"5f^
'"th"^
touching the annuHing of the charter of the Tailors and others, Private Bill.
Ixxix.s. viij.rf. And for work done {pro laboribus) by the same
Receiver and John, iiij.Zi.
While the first two entries above given seem to refer to the fight
which was, at the time, thought to be ended by the King's Award, the
last two unquestionably refer wholly to the management of the Petition
which next follows. I think I may safely say that they give us the
earUest account of the costs of soliciting a Private Bill in Parliament

that is known to exist.
(4) Petition to Parliament, and Enactment thereon,

IN THE Twenty-second Year of Edward IV.*
Item, quedam alia Peticio exhibita fuit prefato Domino Regi, Per majore, Bai.
. , et Coramuni-
liuis,
in presenti parliamento, per Majorem, Ballivos, et Communi- tate, Ciuitatis
tatem Civitatis Exon' in Com' Deuon', in hec verba :
To the kyng cure Souereign Lord ; In most humble wise The mayor,
.
bailiffs, and com-
shewith unto youre Highnes and good grace, your true and monaityof
Exeter petition.
feithfuU Subjettes, the Mayer, Baillifes, and Comynalte of youre
Cite of Exeter in the Countie of Deuon' ; that where the seide Exeter has been
a city corporate
Cite is, and of tyme that no mynde ys hath bene, an olde Cite tinie out of mind,
corporate, of Maier, Baillifs, and Comynaltee, And the Mayer

therof for the tyme beyng, by all the seid tyme, hath had and
used to haue the entier rule, ouersight, and gouuernaunce, of
all Marchaunts, Mercers, Drapers, Grocers, Taillours, and all and the mayor
X '
/ 7
Ijj^g jij^fi Hiiriivided
other artificers, inhabitaunts within the same, and the cor- governance there.
reccion and punysshement of all offences within the seid Cite,
by theym or any of theym, or any other persone, there com-

mytted, ayenst youre lawes, the commune wele, politike rule,
and goode gidyng of the same Cite, under the proteccioun and
grace of youre Highnes and of youre noble progenitours. Which
* From the original Roll of Parliament in the Public Record Office.

810 OU.ly OK THE TAIIX)R8, KXRTKIl.
m Cite, by the wiiil tyino, hnth l>cn will and (juiotly ^,n<lil, in
goode tTOiu|uillito, peas, and qiiiotc >f tlio wune ;

unto nowc
late, that the men nf the Craftc of Taillours within tlie same
9^^ Cito by Bupplicacoun !nalo unto yourc Highncs, optcyncil yourc
Letters Patentee, l>cryng date the xvijtl day of Noucnihcrc the
vjih yere of yourc most noble reign, that they, in the same
to Cite, a Gilde or ffrateniytc, in the lionor of Rcint John Baptist,

BfiM.
of the men of the seid Crafte and other, niyght make, vnye,
founde, create, erecte, and stablissh ; And that Gilde or flfrater-
nite, 80 vnycd, founded, create, erecte, and stahlisshed, to haue,

holde and enyoie, to theym and to ther suceessours for ever ;
And that they the same Gilde or fraternyte myght augumente

and enlarge, as ofte and when it shuld seme to theym necessaric
and l)ehoufull ; And that the men of that Gilde or fraternyte, in
the honor of seint John Baptist, euery yere myght haue, holde,
and encreasc the seid Gilde or fraternyte of the seid Taillours,
and other persones, that they shuld receyue in-to the seid frater-
MrfiodKMMa nj'te, and chese, haue, and make, a Maister and iiij. Wardyns of
wniM, the}'m-self, as oft as it shall please the}!!!, or nede shuld ])c, for
the gouernaunce of the kej>yng and rule of the same fraternyte

for ever, as best shuld please theym ; And to make Ordenaunccs
among theym-self, as to theym myght be-seme most necessaric
and behoucfull for the seid fraternyte ; And ouer that, that the
same Master and Wardeyns, and their suceessours, shuld be per-
petuall and haue capacite ; And over that, that they the seid fratcr-
w^niiidibftv nite or Maister, within youre seid Cite, and in the Subburbis
of the same, myght ordeign and rule, and the defautes of theym
and of there seruauntcs, by the sight of men of the same Misterie,
correcte and amende, as shall Ijy theym seme best to be doon ;
And that no man within the libcrtc of the seid Cite, any bordc
or shoppe of the seid Misterie shuld holde, but if he were of the
Lil>ertie of the seid Cite ; nor any man to the libertie or fredome
of the same Cite, for the seid Mistere, shulde be admytted, but
by the seid Maister and Wardeyns, or their suceessours, it be
witnessed that he were goode, time, and behoucfull for theym ;
And that the seid Maister and Wardeyns, and their suceessours,
;
PETITION TO PARLIAMENT AGAINST THE GILD. 311
Maisters and Wardeyns of the saide fraternyte for the tymc

beyng, for euer, haue and make playne serche, in and of the seid
Misterie, of all persouns that with Tailloiirs within the seid Cite
and subburbis therof were or sliuld be preuyleged, and of suche

Misterie that they or any of theym use or before had used. By
force of which letters patentes, the seid men of the seid Craft The tailors have
haue made a Gylde and fraternyte of seynt John Baptist within

the same Cite, and of theym-self a Maister and iiij. Wardeyns, and their ;,'iicnins
rix-atly lioiirished
and haue taken into ther seid Gilde, and daily doon, many
inhabitauntes of the same Cite, and dyvers craftes other than of
theym-self, and dyvers other not inhabitauntes within the same
Cite ; by the which they be in such grete number, and many of
the same Gilde and fraternyte been of such evill disposicoun
and unpesible, that the Maier of the seid Cite may not gyde and and so the mayor
finds himsel) no
rule the people youre Subgettes of the same, nor correcte suche longer with un-
divided sway,
defautes as ought by hym to be correcte, for the wele of youre
peas, and goode gydyng of the seid Cite, accordyng to his oth,
dutie, and charge. And over this, they oft-tymes haue made And the giid.foiks
hold conventicles.
and caused to be made dyuers Conuenticles, commocions, and
grete division amonges youre people there, contrarie to youre ah this is very
alarming.
lawes and peas, in euyll example, and likly to growe to the sub-
mercion^ and distruccion of the same Cite, and of the goode, ^ (sic.)
sadde, and polityk rule of the same, withoute due remedy be

had by youre goode grace in this behalf.
Please it youre Highnes, of youre most benyng grace, con-

sideryng the premisses, by thadwys of youre lordes spirituell
and temporell, and the communes, in this present Parlement so we pray that
'J
assembled, and by auctorite of the same, to ordeyn,
and enacte, that the seid
J
letters patentes,
stablissh,
7
7
and every thyng con-

'
Parliament will
quash the Letters
I'atcntandthe
gii^ also.
teigned in the same. And the seid Gilde and fraternyte, and all
thyng perteynyng to the same Gilde and fraternyte, be irrite,
cassed, adnulled, voide, and of noo force nor effect : Any Acte,
Ordynaunce, or Provision, by parliament or otherwise made or

had, in any wise notwithstondyng.
Qua quidem Peticione in parliamento predicto Iccta, audita,

81S aiLD OP THE TAlIX)ltS, RXKTKR.
TW ><-* iT*rt>i ei plenius intoUocta, dc ntiisninrnto Dominonini 8]>irituu1iinn et
iempomlitim. no AAHonsu coininunitatiH ropii An;^1ic, in dicto
pArliiiinciito conuocntonini, vt auctoritatc cjusdmi. rcHpoiuh'-
bfttur cidcm in forma Boqiicnti :
g^ ^ry Soil fail conie U est desire*
(5) Ordinances of the OiLD.t
llMNaniiM To the worsliip of CIckI, and of oiire Lady Soyntc Maryo, and
pjA^mimMAmA ^f Scyut Joliu tlic Iwiptystc, and of allc Ilalowys, thes bcth the
Onlcnaunce made and asUdilcd of the ffratcrnytc of craftc of
Taylor)'8, of the Cyte of Excctcr, by asentc and consente of the

ffnitern}'te of craftc afforcsayd y-gedered there to-gcderc, fTor
ever more to yndewre.

TiMOMitaraad ffyrsto, hyt ys onlencd, by wcrtu of the charters i-f^raunted by
MM4fgutari7, oure soucrayn Lordc the Kingc Edwardc the iiij.*^, the vj. ycrc
lodcaiwith of his rayne,:{: that the M. of tlic fforsaydc crafte ffor the tynie
of th
beyuge, every |)ursday, to Ijc at the common halle, or els a del)ct
The above Petition and Answer fnnn what is now called a " Private
Ad." All Private Acts, aa well as the Bilk on whicli they are founded,
are, even at this day, formally begun by a Petition to the Crown. It will
be Been that the Petition is here expressly dechared (p. 309) to have been
'exhihita Domino Re-gi, in prcêvti parliamento." See note, p. 308.
+ From the original in the archives of the Corporation of Exeter, Mr.

Stuart M^>ore has found three volumes, containing the record of the affairs
of this Gild from its beginning until its end, which latter befell no longer
ago than the second quarter of the present century whereupon the Gild ;
Records were given to the Corporation. The first two volumes appear to
have been very blunderingly bound, vol. ii. being put before vol. i,, and
many leaves of vol. i. being transposed.
The first eight of the ordinances that follow, are written in a different
hand from the remainder of this group ; but all of this group, as well
as the oaths, seem to have been written in the time of Ed. IV. Later
ordinances will be found further on.
I have put the extracts, as far as I am able, into chronological order,
without regard to the accident of the manner in which they are bound
np together.
X " Edward the iiij.** " has been altered, by a later hand, to "Harry viij.'o,
the ij. yere." This proves that these ordinances were kept in use during
all the time between.
5 The words " every Jjursday " have been crossed out by a later hand.
ORDINANCES 0 THE GILD. 313
ffor hym, [to alle t3anes wen nede schall requer*], apoun payne
of i}M. of wex. And every Wardon that ys absent w^-oute cause
resnabyll, schall pay a li. of wex to the usse and profyt of the
forsayde ffraternyte. And the flforsayde M. and Wardonys that
the be there every jjursday asyned,t at ix. at clocke, and there
to ordenne and rewle that may be ffor the welle of the ffraternyte
and crafte a fforsayde, and non to do w^ owte yoder.
Also hyt ys i-ordenyd, by the M. and Wardonys yand the
common counsell afforesayd, that every person ]>^ ys preuelage Every fuii crafts.
man, woith 20^.,
w* the crafte aforesayde, that ys of the waylore of xx.î. of goodes, shaii belong to
the gild,
and abofFe, schalbe of M. ys ffeleschipe and clojjynge. And every and siiaii pay ud.
person that ys of the feleshippe and the forsayde crafte, schalle ^âst ;
and also
' J '
pay fQj. jijg ]ivery
pay, euery yere, ffor hys ffeste, at Myssomere, xij.d. and hys ^t""y^(j^""^
offrynge ; and for hys clojjynge, as hyt comyth to w*yn monyth
a-poun Myssomere dav
"
; a-poun payne to be putte owte of the He siiaii also give
a silver spoon,
forsayde ffraternyte and crafte for euer more.
^
And euery person weighing an
ounce, and made
that is so admytted schall paye a spone of sylver, weyn5 an vnce, " the fashion,
and the ffasshone.
Also hyt ys ordenyd, that euery yowte Brodere that ys nott

preuelage of the forsayde ffraternyte and Gylde, schalle pay,
euery yere, vj.c?. at Myssomere. And yf he refusse to pay thys Craftsmen out.
side the livery.
wVn a monyth apoun Myssomere, to be thysmyste frome the men, shaii payed.
a year.
forsayde fraternyte and gylde ffor euer more.
Also hyt ys ordened, that alle the ffeleshyppe of the Bachelerys There shaii be a
feast on St. John's
schall hollen ther jBeste at Synte John-ys day in harwaste. And day every shop-
:
holder paying Sd.

euery person that ys a schoppe- holder of the forsayd ffeleshyppe towards it, and
*'' ^ -' '^ '^^ ''
every servant at
and hys wages paying 6d.
and crafte, schall pay, to the forsayde ffeste, viij.d
offrynge. And euery seruaunt that ffangyth wagys, schalle pay

y\.d. to the forsayde ffeste. And euery yowte Broder that ys of other bretheren
. .... shallpay 4d.
the forsayde ffeleshipe, schallen pay, euery yere, iiij.d And yf
yeny of the ffeleshipe and crafte a-forsayde reffuse to pay thys,
that then the namys of them be sertefyed to the M. and War-
* The words between brackets have been added in a later hand, clearly
" every }>ursday" crossed out just before.
in substitution for the
t ")jurs" has been crossed out, and "asyned" added. See the two
foregoing notes.

311 01 UD OF THE TAIIjOR-S KXKTKIl.
ilonym, Ihiit the may <lo convcoii'ii tluryn, hh loiij^jth to tliom to
cIiKi, nctinlyiijye to cimrti'rc prnwntcil ly the Soveryne L<nl tlio
Kinj^ tMwnnl the iiij.. the vj. ycrc of his rayn,* by ascnt and
couiionto of the Mayre, Hjiylcffys, and commons of the Cytc of

Excetoro, ffor euor to }ni-dewrc.
Also hyt ys onlene<l, by the fforsftyd Af. and Wanlonys and
ffclcshyniK? of the fTratcrnyte and crafto afforsaydc, tliat cuory
seruniit tliat ys of tle forsayd crafto, tliat takyt wa^^ys t<> the
waylor of x\.s. and a-boflfo, schall pay xx.</. to l>c a ftVc sawcre
to us and profyth [of the] aforsayd fratcrnyte ; that no man of
Wboaw boa. the forsiiydc crafte set no new sawer a-warcke a-bofe the spassc
of XV. days, and then to l)rynge hym to-fore the M. and Wardonys,
tnm m wm ; and
and ther to j)ay liys xx.d. to be made ffre sawcre, or elys to
fi^hli Vkt^ or
ladtunrtj. ffynde a surte ; t or elles the same schoplioldcr, so kcpyng any
seniaunt, bcyng no free sower, other then aforeseyd, to forfett to
the soyd felyschyj)]) xx.J.
Also I h}! es ordcned, by the M. and Wardonys afforc-sayd,
that yf any person of the fforsayde crafte that ys iboundc to \yAy
any dewte ouer to the forsayd M. and Wardonys, and brcckc

Boadiitenb* h}'8 day by the spasse of halfTc a yere, shallen fforfett hcs hollc
forWted on oon-
bonde. Prowydcd all-way, that yf any j)erson or personys affore-
batthoMbUan sayd that fallyth yn pofTcrtc, and he will tcstefy so by lies oyth,
into poverty thaU
b* llMd. at d shall be dyscharged of hes bonde and dewte, and to have a
itaflbahalped.
sustenans by the fforsayd crafte as cane be thofte, by ther dys-
crescyon, convenyent and re80unabyll.
Altered to "Harry the viij,, the ij. yere." See notes on last page.
+ The passa^je from "or" to " xx.d." has been added in a hand that
seems temp. Elizabeth.
X An ordinance was originally written between this and the foregoing,
but has been carefully Bcratche<l through with a pen. All that can l)e
made out (and the sense shows that j)arts of the last two lines are doubt-
ful) is 03 follows :
"Also hyt ys ordened, by the M. and Wardonys afForesayde, yf ther

be yeny man of the fTorsayde crafte, utter yeny ware of the fFaylo"" of xx.s.,
schall have 'wyd. and x.*. ij.d. and v.s. j.ri. And this .... man of
thys crafte to by ... . howte of thys .... yf he so do."
A hand of about Charles the First's time has written here :
" A note
worthie of renienibraunce."
ORDINANCES OF THE GILD. 315
Also hyt ys ordened, by the fForsayd M. and Wardonys, that Penalties upon
tliu.se usiiigbad
yf any Brother of the fforsayd ffraternyte and crafte dysspysse words,
anoder, callenge hym knafFe, or horson, or deffe, or any yodcr

mysname, he schall pay, at tlie fFjTste deffaute, xij.d ; at secoun
defFawte, xx.d. ; and, at the jjyrde the-fFaute, to be put youte of

the ifraternyte and crafte ffor euer more.
Also hyt es ordened, by
*' J
the fforsayd
J
M. and Wardonys
' J
and Penalty for
irregular trading
the holle ffeleshipe, that yf any Broder of the forsayd crafte tacke out of the city.
any clotliyng of any Lorde, kny5the, or jantylman, [howte of the

sete*], wtyoute any leffe of the M. and Wardonys, att the ffyrste
deffawte, xl.5. ; and, at the secoun defawte, to be put youte of the

ffraternyte and crafte ffor euer more.
Also hit ys ordeyned, by the fforsayde M. and Wardens, that There shall be
four days of
ther shall be iiij. quarter dayys
''''
that euery Brother of this crafte regular meet-
^ ^
''
ings of the gild :
shall assemble at oure coraen hall. And euery shopeholder shall
spend ij.cZ. to a brekefaste, or send his mony by a debyte. And
att that dayys, the othet and the Ordynawnse-ys and Constytu-
syons shall be radde. The fferste day
''
shall be the nexte Thoris- aiibeing held on
the " day of
^
day after xij*^ daye ; and the second daye shall be the second Thor."
Thoresday after Ester ; and the iij. day shalbe the seconde Thores-
day after the feste of Synt John-is day the Baptyste ; and the iiij*^^^
day shall be the next Thoresday after Synt Michell-ys day. And After the master
att euerech of thes forsayde dayys, after dener,> ther shall come Unifiers have
J J J ^
dined, the sewers
all ffre sowerys, and take the relef of the mete and drynke that
'
^''^" '"^y *''^,
'' '
fragments of the
^^^^*-
the fforsayde M. and shopholderis levyth ; and euery of them shall
spend j.cZ. to the well-ffare of the fforsayde fraternyte and Gyld.

Also h* ys ordeyned, by the M. and Wardons, that at euery Every member
shall spend some-
coste of ale that ys geven into the forsayde ffraternyte and Gyld, tiling-
euery shopholder shall spend ther- to, j.d, and every fresower, oh. \
and he that cometh nott shall send his mony by the Bedell,
a-poun payne of \.li. of wex.
Also hyt ys ordeyned, by the M. and Wardons and all the No craftsman
shall have more
hole crafte, that fro hense-forthe no man of the sayd crafte shall f'-^" f'ree ser-
vants and one
seruauntes,' and oo pryntes appientice, unless
hold but iii.
*
at b most,' w^-owte
*' '' *
he have hcenue.
* These words have been added in a later hand.
+ See the oaths further on, pp. 316-319.

;
MCi OII.D or TIIK TAIIjOILS,
IcMiniic of the M. ftiul WanlonsHC for |v tyinr inn^'. upon \n\yuc

of xl'>. ; ninl lie |niytln> for liyin |)' clothe ayonsto |)iH only-
J>*
nniicc Si'Iiiil forfct xx'*.i.
TW Aim* hit 18 onlcynwl, by the M. aii<l WanhniH ninl all tlie hoh*
cnifô, that euory |H^roiie of the sayd erafte |)' takethe aprentyrt,
shall hnngc hym l>efore the M. aiul Wanlons, and there to haue
his Indenture in-rolled, and the M. to pnye x'x'yd. for|)"" in n.l-
ment ; and ) to he done wMn twehnoth and a day, or clssr to
lose his fredom of j>'' crafte for ener more.
Also it ys ordeyned, by the M. and wcrdons and the eraft

forsayd, \>^ euery prentes of the sayd craft that is inrolled and
jtixi iLmU gitm
trewly seruethc his cownand, shall pay a sponc of sclver, wayyng
a nonsse, and the fassion, and sli;ill clde' a brekefast to the for-
() AlUrvd to
sayde M. and Wardons, a-forc \>^ day \>^ he be abull to be made
frc-man of \>^ Cite forsayd ;
[and yf lie pay not a spoun worth
iiij./j., or els iiij.*. yn money for !>' sam.*]
Rvtry out idmU Also it is ordeyned, hi the M. and Wardons and the hoolo
fret ofUm crmA
by fwlcoiplioo. ffeloship, that euery person that shalbe made ffree of the craft bi
Hedempcion, shall paye x\.8. to his ffyne, w^ôut any pardon ;
ad give break. and, whan he is abelled, to îvc a brekefast to the Maister and
ImI, wfaB nukd*
frw of Um ehy. Wardons, or he bee a<lmytted ffree man of the Citee. And euery
How many Mr> person so abelled fioo liens-forth shall have, the first yeere, butt
*aaia newly mado
frMBMBdiallhavo. con seruaunt ; the secund yeere, ij. ; the iij^, iij., and aprcntise
if he be able. And he that doith agayn this ordcnance, shall
flbrfeyte, att the first defawte, xx.s. ; att the secund defawte, xl..?.
at the iij'^<" defawte, to be putt outc of the fiVuternyte and

craift for eucrmorc.
[0] Tin: Oaths to ije Taken.
V O O o
Tb Oath of the
Craftcmao.
Uerefoloyth Y wotJie of^ crafte of talors.
Bwear t/ < true Yc

shall swcrc, that yc shall be gode and trew to ffraternyte Y
to tliC fialcmitjr, -,-, _., it i.mi
of bynt John the ljai>tyste of Taylors withm the Cyte of Lxceter.
-i'iz-n
The word* between brackets have been added in a slightly later hand ;
but the aentence seemB incomplete.

; ; ; ; ;
THE OATHS TO BE TAKEN. 317
Ye shall not w*stond nor disobaey b somnes of j) Master and and to obey the
master and war-
Wardens for \>^ tyme beyng, but tnere-to be obedyent at al tymys, dens
w* owt resonabell excusacion. Ye shal not dyscouer J;

counsell
of ^b bretliervnhod or of ^b crafte, b*
''
'
ve have knowlych
r J J
of, b*
' r
not to disclose the
affairs of the craft;
shold be sekret w^yn ouer-selfe. Ye shall not suffer nor coun-
sell any forynar to dwell w^yn b^ franschys of this craft ; but, as not to encourage
strangers
aftyntymes as ye wet hyt, ye schall warne the Maister and War-
dens |jerof, and han ynforme wher |)i
be, as fer forth as ye schall
have knolych, j)* thaey maey do corryction ther, as longyth j)"^ too.
Ye schall couer no foren strenger yn no wys under yo^ franches,

to use thys craft ne none other okewpacion w*yn J>'s sytti to his
awne proper avaeyle. And when ye take any printes, at the toshowtheinîen.
1 p Tiiii
1 '
begenyn oi his tarme ye shall shew hys yndenters

-1
mad 11
be twene
turesof your ap-
prentices, and
bring them into
yo" and hym and : at the ynd of his tarme ye schall bryng hym to the craft at tiie
end of their terms
p M. and Wardens, ]?* he may take J>e charge of J)
craft, leke as
ye do now. Ye schall hyer no man of this craft owt of his not to hire or en-
away any
tice
howse, too yo^ use and in hyndryn

' *'J J
of him. Ye schall not w^ worker or ap.
prentice;
draw no mans apprintes, ne no man ys servant, tyll }>* resonabell
departyng be made be-twyxt
.
p M. and his servant. Ye schall not to take a shop
till admitted as a
take no howse to okepaey shapyng, unto J>

tyme ye be amyttyd, freeman
by y ^' ^'^^ Wardens, gode and abell to okewpy shapyn, or else
by seche as yî woU asyne yo^. Also, ye schall not steure, pro- not to entice away
customers
cure, ne excite, by yo^selfe ne by no nother menes, to w^-draw
from M., ne from no brother of Y" craft, any of ther cos-
yo'^
tomers, wother J)Ci wolen be servyd by yo^ by ther awne volon-

tary wyll. Ye shal not refuse ne forsake the felashyp of b not to leave the
.
gild, but to uphold
.
fraternyte of taeylers for none other ; that ys to siey, in clothmg it according to your
in-goyng ; but to J)^

same felaschyp be obedyant and contribu-
tory, to what estat ]>* god increse yow yn tyme comyn. AUe
Y^ thynges, and all other gode rewlys and ordynans of Y^ crafte
that ye schall have knolyche of, ye shall kep well and trewly, so
God yo^ help and all sentes. Also, when-so-mever hit shall and, when you die,
to leave it a
hapyn yo" to dye, ye schall geve yn part of yo^ godes to Y '^^^^y-
niantaeynyn of b^^ brothcryndon. Also, yo" schall sew no Moreover, sue no

brother of the
man of thys craft wt-ywt lysyens of the Master for the tyme craft without
license from the
beyn. marter.
;
:J18 ciU) OK THE tailors, rxetbe.
^ t/M to be nuif the iiij. quarter dacya.
1^ ap Tvr Yr shnl) pmy ftr nil y r>rothoi-s niul > hIci-h of }>' fnitirnyte, niul
M. llo Ik'nyfiict4>n of y Knmc ; und yn Bpecyally for ow' soveniync

ilHkii^ lonl the kyni; Kdwonl h*' iiij^l>, fui-st fonder of [) g}'ll and fruter-
I:
nyte, and for quenc, and for princes, and for kynges
liMfiM
I
y |)0 all |>"
progeny ; and for all y lordys of ow" soverayne lord y kynj;cs
gret connsell ; and for y Hole of dame Klysalcth Cortcny, and

for all her i)roêny ; and for Y sole of Kychard ()ren;^'e, fenste
M. if [>'* fratcruyte and craft ; and for |)0 sole of Kyehanl
GefTery ; ami for |>e sole of John Ilanilyn ; and* for y sole of
AVater Genys ; and for y sole of Thomas ]{owse.
TJve Othe of tlie Mmler of live Occupacion.
YoadteOvdi Yc schall swere that ye schall well and truelly byhauc you yn
fiiMl your ofltet of
your oflTyes, as bylongyth to you as master, a-cordyng to the
itaodncubri;: Ordvnance that ys made by the viij. men; and to geve gode
ndAownobvor a-tciulens as oftyn as ncde schall recjuere ; and tliat ye awe noe
fawer more to one than to a nother ; as god you hel])p and
holydom, as by thes boke.
I/ere fuloioiih tlie Woth oftJieffree Brollierya.
Swear u> be true Yc shall swcre that ye shall be gode and trew lovyng brother
to Um frBtemitjr
to the ffrateniyte of Synt John Baptiste of Taillourys in Excctcr.
to ni* no brother Item, yc shall emplete no brother nc no man of this cruftc at

of the rrafl iHli-
cKjt leave of tie comon lawc, w^-oute leve of the Master and Wardens : but that
nuuUrr and war-
battoUy it leke you to shew youre grevaunce and matere be-fore them,
joorcaMMfotv *^ o >/
***" and ther to have remedy as fer forth as they maye, and els to
wA\outa)u!%M%y take youre auauntage. Item, ye shall not delyuere youre liucrc
jovr livery
arllli
iim o* 'y; of the ffratemyte to no brother that hath fforfeted ayens the
ffratemyte, that ye have knowlech of, ne to none other person

to iMij for your whatsomc-euer he be, before the yend of vj. yere. Item, ye shall
doUik^ aims, and i i i i i /.
; paye tor youre clothyng, almese, and mete ; that ys to saye, for
youre almys, xij.r/. a yere ; and for youre mete, \\\].d. on Mid-
somer daye, or the next day after ; and for youre clothyng, as
moche as ye take, w^yn a moneth after. Item, ye shall be
;
THE OATHS TO BE TAKEN. 319
helpyng and cownsellyng w* all youre power, yf ye know eny to êip any
brother fallen
brother of this ffraternyte, that hath don hys dewteys well and into poverty
trewly to the ffraternite, come or fall to pouerte by the visitacion

of god, or by casuell auenture, and hath not wher-of to leve, that
he maye haue, every weke, of the almys of the sayde ffraternyte,
x.c/. ; and, yf he haue be Master, to have xiiij.c/. a weke. Item and to leave a
legacy to the gild.
ye shall geve, in youre testament, to the almys of Synt John
Baptyste, more or lesse after yowre estate and deuocyon that ye
haue therto, in supportacion of the preste and pore men of the
same, as god yow help and holydom.
Here follow'^ the othe of the ahlyng of any person )>* shall he
amyttecl.
Ye shall swere that ye shall well and trewly behave yo^selfe. New-comers shaii
be taught all the
in abellyng of this person in alle soche connyng as longith to the skui of the craft,
crafte* of Tayloris that comethe to yo^ mende,t and in all soche

konnyng as ye fynde hymj able to show on-to the Master and
Wardons ; and that ye schall not lett, for loue, favor, frend-
sheppe, nor ony other hatered, nother malesse of no person : so

God yow helpe and holydom, and by this boke.||
The othe of the Bedyll.
Ye shall swere that ye shall well and truly serue the Master swear to sen'e the
r^ , -,,. pr>niMi ^ rv o -rt ^ ^^ o master and com-
and Company oi this craft or iaiilo^s in the omce oi JBcdeil tor pany truly;
the tyme that ye shall enjoye that office ; and well and truly ye to summon aii
shall summon such persons as ye shalbe commaunded ; and atten- to attend the
master;
daunce ye shall giue to the Master ; and such counceile as shalbe to keep aii
disclosed before you ye shall kepe in secrete, and not disclose it
to any man r and yn euery thyng that shall concerne you . . . and generally do
your duty.
* "Longith to the crafte" has been altered, by a later hand, to

"belongeth to the occupation." f Altered to "knowledge."
% The word "not" was written after "hyni," but has been crossed
out. " No" has been altered to *'
anye."
II
From "holydom" to "boke" has been altered to " holy contentes of
this boke."

810 OILD or TIIR TAlI.OK>{, KXKIKIt.
(7) QOOD8 OIVDf TO TlIK CiLD.
Here folow* the naiius of tluni that Imtli gciie ptxlcs to the
fTratoniyto for [ht coiiumi Halle.
Item, the Exeeutores of Water Geuys, a hertes hed, iij. pavys,

ky
a ctifer, a mete cloth, a Mac 8i)cre, and raylis for the hallo.
Item, Water Oenys hathc geven a medcw, price the yere

xiij.*. iiij.(/.
Item, Jenet Hanilyn, a tabcll bord, aiid xl..v. of mony.

Item, Deonyse S]>yne, a chayre.
Item, Ysabell Ilowse, a party gowne y-furrcd, aud a tabell
bord.
John Stoddon, a chayre.

John Tayler, hosier, a chayre and a j)lanke.
Richard Berchcre, a Benche and a payr of trestelles.
Water Kent, a jjayre of tabelles, and a i)enner, and a inkc-

[<*) Written, borne, and ij. keyys for |>e wekett, apcripcnseris.^
William Honte, of Coleford, for a met cloth of v. yardcs long.
James Harebotell, a ffornie.
John Rowter, a copell of torches.
Cristoffer Gressch, halfe \>^ cloth over \>^ hye bench, payntcd.
John Ffollett gave in a salt-seller.
Item, S"" Bartolome Thomas, a masse-boke and ij. krewettes

of sylver.
Annes Evelyng, a brasen krocke of ij. galons and more, a
pache clowted in the brem w*^ laten.*
Item, a towell, by the gefte of Margery Chester.
Item a Bockesken colcrd blacke, for kovery owre masse bokc,
by the gefte of Bawden Maynard.
Item a chayne for chajme a boko, by j)^ gefte of Mawte Kent.
By an odd coincidence, I find another of the Evelyn family recorded

in connexion with a bra.s pot, or "crock" as it is here called. In the
parish rec/rda of Kingston-on-Thames, under the 1597, year is the
following entry :
" For brin^ring the tovmpot from Mr. Evelyn's, and scour-
ing the same." See this quoted in " The Parish" (second edition), p. 518.
examples op conthol by the gild. 321
(8) Examples of Control by the Gild over Masters

AND Workmen.
[i] M*, that John Brendon the yonger werned stresse to Penalty for not
the Master and Wardens, the euen of Synt John in harueste, theren on st.
John's eve.
for he come nott to derge that same euen ; fFor the wheche
ffense he summytted him to the Master and Wardens, and made
fyne of iij.î. of wex, the xv^^^ day of October a^. E. iiij^S xixo.
[2] M^, that John Rowter rec^ iiij. yerdes of brod cloth, a customer com-
plained that some
blew, to make Master Robert Rydon a gowne ; apoun the of the cioth given
to a craftsman to
wheche, the sayde Master Robert complayned of lackyng of his work up.was found
clothe. And ther the gowne wasse sene before the sayde crafte ;
and ther wasse fownde no cloth wasted, but ther wasse dewly The giid found
proved
-,...
iij.
/Till
quarteris brod clothe
01
^ '
convayed in peces, as hit

! ^^^^ there had
been no waste, as
was proved by the
apereth by patrons of blacke paper in our Comen Kofer of patterns, in paper,
^ ^
*' ^ ^ which had been
record, at any tyme redy to shew, etc. ffor the sayde defense, 'êpt-
the sayde John Rowter summetted hym to the Master and

Wardons and to the felascheppe, the xxiiij^t daye of October,
anno regni E. iiij^î, xixo.
[3] M*^, that John Kartor rec^ iij. yerdes of brod clothe, a customer com-
plained that some
russet, to make a longe gowne to S'^ John Walkyngton ; apoun of the cioth given
to 2k crftiitsmixn to
the whiche the sayde S^ John complayned
1
to the Master and make into a gown,
^ ./ âs found want-
Wardons of lackyng of hys clothe. And ther the gowne wasse "'^
send for ; and ther wasse fownd of ]>^ cloth not stolen, but ther The master and
wardens found
wasse fowden cloth wasted a quarter of brod cloth for lacke of that no cioth had
been stolen, but
konnvng.
^ -^
And so h* Jys JiuGjed,
o y
by
J b
r Master and Wardons, that y
that some had
been wasted
the sayde John Kartor shall paye for the cloth to S^ John through the crafts-
^ ^ '' man s lack of skill.
Walkyngton, xj.5., and the gowne shall remayne w* the sayde

Kartor. And for the deffense, he hath summyttyd hym-selfe to sohemu<stpay
.... , for the cloth , and
)) Master and Wardons and to the fFelaschepe, the iiij^-^ daye keep the gown.
of Janever, anno regni E. iiij*^ xix.
[4!
'-^-'
M^, That John Walsche,
'
aliis Kent, receyved
JJ
of Edmond a customer com-
plained that his
Colchet vi. verdes of blew osed to make hym a j^ôwne : and so sown was spoiled
the sayde Edmond complayned of spoyllyng of hys gowne and cioth wanting.
21
S2S OIU) OF TIIK TAIIX^RS, F.XKTKU.
II tevrfiiai lackynf; of hin cloth. Ami ho thrr wasHv fownd no chth Htolcn,
t.iiM^îk* but llicr wtuMc fowml wobUhI the valo'" of a yrnl, niul tlu* ptwiu-
nuimil : ffor the whcch fcnHO, the M. niul Wanhms juj^rd \^ tlic
8a}li- KtlinomI shoM take liys iivoimtaij^'c agaynesc }' saydc John
TiTtj I
'
at the common hnv, ffor \>^ sayilc John waHHC neuer amyttcd
MMrahMkarof for A frc gower, niul his M. disavoed hyni )>< he wasse not hJH
foreman.
r<*n.r4iiM i.T [5] M*^ that Jolin Skeclio, setsayno and taylo^, of the C'ytc
mmauiû* kwp. of Kxcetcr, et)nic before M. and Warduus, the xvj. day of
Miiibr artniiK a Msirchc, a rcgiii He'îs E. iiij'S xx^' ; and ther conijdayned vj)|)on
.* Willam Sj)icer, tayler, for wtholdin<jf of a potell pot of pewter,
jmysing iiijî ; Item, for sowyug of a kertell wôute slcvis, and
Tlwi for the stuflfe of a coler, and settyng on. For the whidi fense
aforesayde, the M. and Wardons hath awarded y the sayde
Wilhim shall j>ay on-to the sayde John Skcche, in fvU content
of all thyng, fro the hegcnyng of the world in-to this daye, xvj.(/.
And the sayd John Skeclie shall relessc hyni of all sewtes that
\fi sayde Skeche liath a-yeus the sayde Willam for all soclie
materia a-fore-wreten.
rtvdMitiM [6] M*, of a-warde y-made bi the Maister andWardons the xvjt^
Mil
Award iDa<l
day of Jule, the yeere of the Reigne of Kyng Edward the iiij^^'',
tbcreoo^tlKdlV
the xxjt*^, bitwcne William Peeke and John Lynch his seruaunt;
for that the said William un-lawfulli chasted hym, in brusyng of
YWBMtaraiid his arme and broke his hedd. And for that it was chuged, bi
vardMMof Um
the said maister and wardons, that the said William Peeke
ehuld pay, for his leche-craiftc, v. 8. ; and for his table, for a
moneth, iij. iiij.<^/. ; and for amendis, xv.s. ; and to the craift,
xx^d.f for a fyne for his mysbehaueng aynst the craift.
[7] M'i, that won John Brendon the yongcr was at Taylior
halle, for a conlicacion be-twext John Matthu and the sayde John
Bre[n]don the yonger, the x^^ day of October, the reign of Kyng
E. the iiij^*", the xxj^î : and ther they were bond, in a requen-
saunce of xxt'.Zi., to abyde the awarde and the termenacion of
the Master and Wardenys in all suche matteris and variance as
EXAMPLES OF CONTROL BY THE GILD. 323
was betwene the sayde parties. That, not-wt-standyng, the But Brendon,
sayde John Brende went to on Matthu Chub, and dis-klandered libelled MattUu.
the sayde John Matthu, for sertayne langage that shull be sayde
in counsayell in the Taylior hall. Where-apon the sayde John Matthu cleared
Mathu as-kused hymsell, afore the Mayre of Exceter in the iibeiious charge.
Yeld hall, w* ij. men sworyn apon a boke. Where-apon, the Brendon is held
guilty of perjury,
sayde John Brendon stode in a content ayenst the sayde Master
and Wardonys, to be prevyd perjored, and also to make amendcs and is required to
make amends to
to the sayde John Matthu after the distresse of the Master and Matthu.
Wardonys forsayde.
[8] M* of won John Treâso, wiche was swone to the Master Tregaso was swom
, . .
to the gild.
and Wardonis of the fraternite of Tayloris of Sent John Battyst
in the Cite of Exceter. That, not-w^-standyng;, the sayde John He renounced his
' J J ir>'
oath before the
come before on John at Well, that tyme beyng Majrre, and nâyor.
renonsed the sayde wothe, and was for sworyn on a crucefex.

Where-a-poun, the sayde Master and Wardonis suyd the same The master and
* "^
wardens charged
John a-poun a purgery : and so, be the mene of gentyl-men and |',^^^'^ peijury;
ii"shed up, and he

money,
J J were
they ^
made acorde, and new swaryn
J to the Master '
agaui swore to the
and Wardonys. And so the sayde John was send for, dyverse '^^*
tymes, to
^ '
com to durgeis,
& massis,'
'
and other dutyis,
J ?
acordyng
J & to
i^"* Tregaso did
not fulfil his duties
his othe the wiche he absent hym-self wôwte cause resenable. tothegiid;
;
Wliere-apon,
I
the Master and '
Wardonys
J
fett hym
J
owte of his whereupon the
master and war-
howse, and brost hym to Tayleor Hall, and there put hym in JheltSs"and"
a pere of stockys ; and the keped hym by the space of a day Sy and n'^ht!^"*^
and a nygte.
^ Apon the wiche, John Mattheu and Thomas At last, two
''
sureties became
Penhale ware bownde to the Master and Wardonys in ^
xxti./i.,
'
ijoundforhis
better behaviour
John Tregaso be of god beryng contynually *" ""' * '=^"^-
that the sayd sliuld
fro this day forward, the xyij^^ day of October, the reign of
Kyng E. the iiij*^, the xxjti.
ê
^^^'^ ^^ "^'"^ TAIIX)im, EXKTER,

9f4
(9) Further Oudin vn 1 M \i.i: r.i 1:. IV.
lltTc fliilowith tin- OnlymniH nmtlo ly llir Muster nnd

Wiinlnns ami the viij. men (f tlio coinon Cownsell, to
the fTymlynjx <>f n prist, the xxvj, iliiy of Sejitember, u*
n^giii E. iiij''. xix"".*
AprtHiMbt Ami over that, hit ys onlayned, hy the Master and Wardons
and the ffehisoheppe forsaytle, that euery niaii tluit ys of tlic
Ma8tor-}'8 ffelascheppe shall payc, euery yere, to the tTyndyii^'

)tio of a pri'ste, vij. yere folwynj,', xij.(/.
tmrntmym**- rxcepte tho that hath gevc of there awnc ffrcwill.
And allc tho that beth Shoppeholders of the ycmen fela-
chej)pe, shall paye, euery yere in vij. yere, to the fyndyng of a

prest, viij.f/.
And euery fire sower shall paye, euery yere vij. yere volwyng,
mymr.fatmvm to the ffyudynj( of a prest, iiij.r/.
And ouer that, hit ys ordeyned, hy the Master and Wardons

and the ffelascheppe fforsayde, that yf any persone a-foresayde
u may eaMbuum hathe jironiysed any niony to the ffyndyng of a preste, and ha])i)e
ifcyi ** ?'' . that he he chosen Master, then he shall haue his niony aycn,
HMMQf BttCk I but
""^^ ffynde the preste ys tahell, or els paye euery yere, in vij.
far'ibi!prM''or^
îL^^îJL yere volwyng, vj.s. viij.^Z.
lirtorvoiwitarT
Here ffolowith the names of them that hath y-promysed to
^S^SSSTot'tim ^^'^ ffyndyng of a preste vij. yere volwyng :

Jenet Haml}Ti, by the yere, vj.5. viij.î.
Ric. Ron will, by the yere, vj.s. viij.c/.
These ordinances bring out more clearly than is elsewhere done

(though the same tiling is implied in many places), that this Gild reckoned
thrcre claiMies ; namely, (i) tlie Master and Wardens; and, it may be
assumed, all who had ])assed those offices. The terms of the charter of
6 Ed. IV. seem to show that these only wore the Gild livery. Hence I
call them "livery-men,"
a distinction well known in the London
Companies. Then there were (2) the shop-holders, or master-tailors, not
yet a<lvanced to the high places of the Gild. And, finally, there were the
*' free-sewers," or journeymen serving masters, and not yet become
ahopholders.
AGREEMENT AS TO SERVICES FOR THE DEAD. 325
Ric. Towrnour and his felow, by the yere, vj.5. viij.c?.
John Ector, by the yere, vj.s. viij.d
Thomas Rawlyn, by the yere, iiij.s.
Symon Davy, by the yere, iij.s. iiij.ti.
Thomas Penhale, by the yere, iij.s. iiij.c?.
John Guscote, by the yere, iij.s. in].d.
William Sangell, by the yere, iij.s. iiij.c?.
Stephen Edmond, by the yere, iij.s. iiij.c?.
John Arnold, by the yere, iij.5. iiij.c?.
(lo) Agreement between the Prior of St. Nicholas

AND THE Gild of Tailors.^"
To all trew Cristen men to whom this present writyng in- The condition
upon which a
dented shall come, John, Pryor of the Priory of Seynt Nicholas Bond had been
' J ' J *'
gjvgn the gUd.
jjy
^
in the citee of Exceter, and of the same place the Covent, sendith
grettyng, in the savoure of all thingis. As-where the maister
and wardons of the fraternite of Taillo^s of Seint John de baptist The giid has given
to the Prior and
in the Citee of Exceter, and theere successours, bi there writyng convent of st.
' o ^ Nicholas a Bond
obligatory, are hoold and bond in xx^^.li. of laifull money of Eng- fo^' 20?.
lond to us the foresaid Prioure and Covent, and oure successours,

to be payed att the fest and place in the said wryting obligatory
content, as in the same more playnli apperith, of the whiche the
date is the xvij. day of August, the yeere of the Reign of kinge
* This "writing indented" is, in fact, the Condition underwritten to

a Bond. It diflFers somewhat in form from the usual underwritten Con-
ditions to Bonds, which were even more common at that time than now.
A Bond was then usually given, with the Charter of a grant of land, as an
additional assurance to the title. The Bond itself is not recorded in this
case ; but it, and this underwritten Condition, were plainly parts of
a transaction in which John Hamelyn and Joan his wife had given to
the Gild a close of land in Tadyford, in consideration that the Gild would
take care that prayers were said for the souls of the givers, trusting, as
again we see, rather to the Gild than to an ecclesiastical corporation.
Compare before, p. 143. It is not the only instance of the kind recorded
in these volumes of the Gild of Tailors of Exeter. Instances of this kind
are of great importance, as enabling us to know thoroughly the true
character of the English Gilds.
896 OILU or TIIK TAILOIW, KXRTKU.
EaIwahI iho iiij'**. t)u' xxij'^. W'r nrrtliolas, tin* forsail Prytnir
unt! Covcnt. for ub anl ouro succcsso'^h, woll, niul bi tluH prcHciit
rrnunt. That if the snitl Miiistcr ami Wanlons and here Rucces-
lllMllj N o'n, after clecee of the said Johan Hainel}ii, late the wyfc of
John Hamelyn, Taillo"^, and sumtyme Mayrc of the said citee,
if JolwMii hot^Kl or make to be hoold the oliett of the said Jolin 1 lamely ii
and Johan his wyfe, in the cherch of Seynt Nichohis aforesaid,
yerely for evermore, ons a yecre, that is to wcete, the xxvj. (hiyc
of Jamiaric ; To a diryjjgis bi the said Prioure and v. nionkes of
the place there to be sayed ; And in the niorowc niasso of
Re<|ui<'m to \tQ halowed : also, abowtc the same obett, the said
Maister and Wardouns, and there successors, euery yecre for

euemiore to dure, shall distribuett or make to be distribuett, of
the rentes and profetts coni>Tig of the said cloosc of hmd in
Ta<lyford, which the said Maister and Wardens late hadd of the
gj'fft and feffement of the foresaid Johan and others, for the
|MJ CFfUin
/ Ui iIm
same cause and en tent, That is to wetc, To paye the Pryor of
prtaraad hia the same Prioryc which for the tyme shalbe, vj.c/. ; and to
eueryeh of the v. monkcs which for the tymc shalbe, iiijyZ., if
thei bee thcrcatt ; and if any of them fro thcns then absent
hyni, nothyng shalbe geven to hym for that tyme, but it be of

the commaundement of the Pryor there, in any speciall for the
compiodite and profitt of the said Priory lafulli y-occupyed :
<mhtrfnrwM- and also iiyl. for ij. i)rykettes of wax barnyng to the same
obett ; and yd of sylvcr in offering to the masse of Requiem
ad for itoftaif aforesaid ; and 'u\].d. to them that shall ryng the bcllis
then there : Iff forsoth the said maister, wardons, and thcerc
Buecessours, the prcmissis, as of there parti expressed and
declared, hoold and trewly fulfdl, and wWt any dclayc pcr-
ttoBoBd fourme. That then the said writyng obligatorie of xx^Kli. shalbe
tbkllbenoiiglit:
hadd for nought. And if the said maister and wardons, and
otiicrwiw U thall their successours, the premissis of ther parti nott fulfyll, then
bt in ftiD farce.
the said writyng obligatoiye of xx^^î. shall abyde in his
WHacMtlMMal strength and vertu. In wittenysse wherof, aswell the commune
oT Um nd. and
tiMMBlOf Um seall of the said maister and wardons of the ffraternyte afore-
tantti.i.
said, as oure Covent scale, to this presents alternatli beth putt.
; ;
NEW ORDINANCES. 327
Yeven att Exccter, the xvij^^^ daye of August, the yeere of the nated, 17th
August, 1482.
reign of king Edward the iiij^li, the xxijth
(11) A New Ordinance made, 16 H. VII.
M^, that there was an acte made, by the Master and Wardyns An ordinance of
A.D. 1500, that
and the viij. men of the occupacion, upon them that be men-ys journeymen siiaii
pay a penny a
seruaunts, and take wa<?es
' o by
J the yere,
J by
J the weke, or by
J the }
quarter, towards
7 maintaining tlie
garnement, to paye, euery quarter, a j.c?., to help mayntayne JJ'-'^J,* '''J"' ^'j?ht
the pryste and the wex att Myghelmas ; the yere raynyng of [See before, p.
324.3
kyng Harry the vijt^^, the xvjo yere.
(12) Goods in the Gild-hall, 20 H. VII.
Here ffolwyth the ymplementes of the Taylor- ys halle, beyng Goods in the
gild-hall in the
wtyn the place yn the yere beyng Master of the occupacion year wiienRichard
Chubb was
Eichard Chubb, a^ regni Hi spti xx^, of Exceter. master, a.d. 1504.
M*, that ther remaynyth, fyrst yn the halle, a payntyed cloth in the haii, a
painted cloth on
at hye Desse ; ij. lytell bynches by euery syde, on by the the dais; two
chymney, on nayled to the walle ; a planke tabell, w* ij. tres-

^jJotij*^jf!!'JJ'
telles, att hye desse ; a tabell yn the syde of the halle, and oth^gTb'en",^
*"'
a furme ; a bynch yn the yn-syde of the tabell : also, yn the in the parlour, a
bedstead ;
parler, a beddestede : also, yn the spence, a tabell planke, and in the sjence
[buttery] a table
,
ij. sylwes : also, yn the chamber next to halle, a longe coffer and shelves
in the chamber
wôute lockes or keyes, and a beddeste : also, yn the utter
*'
next the haii, a
^ ' coffer and a bed.
^*^<^
chamber, a bedde stede : also a brasse pott, [a plater of pewter,
in the outer
iiii.
^
gowne for a
quarters of a wyolet o .^
woman, a broche w* a fote, chamber, a bed-
'
y '
stead, a brass pot,
a pewter piatter.
ij.
'
new torches but lytell burde*],
" '
and iiii.
o
yndes of torches
u
:
} some women's pear,
a streymer and a baner, a boxe w* iiij. ewydence, w* iij. other ^^lfl^\ sTreaml?"
wretynges : and a seyalle of sylver of the brotherredyis. a"ôx of"deeds and

writings, and the
silver seal of the
gild.
(13) New Ordinances made, 8 H. VIII.
In the worschypp of god and owre lady, and Seynt John of ordinancesof a.d.
151G.
* The words between brackets have been scratched through with a pen.

aiU) OF TIIK TAIIX)R8, BXBTKK.
lUptiikt. ami for (he more oxiKMlyant wcltli ami pn^siMrytc of tl>o
fmU'itnto and g}'Kl and otcupncyon and brotlurcdon of tlio
Uyllcm in Exwtorc, and !>y tlic atoryty of dyvers letters patenteH
or chart ursjfrnuntid and confcnnyd bydyvers kyngcsof Yn^lond.

Be hit ordepiyd ami staMyd, by y^ M. and Wardens, and |/' sent
of ^ occuparyon and craftc of taillers, in y^ yerc of owre lord
go<l a m'. v<". xvj., and in \fi viij<^"* yerc of }>*' Reayne of o^ most
Bouerayne lord kyng Hairy the viij^^>, for cncr more to indun' :
after thys day, |>t

y ma,ster of the craftc of taiilers, fro henHforlli,
schall neuer abell no man, no}>er amytt hym to be a schopholder
of |p same occupacyon or craftc above-said, exccptc he haue w^

hym present, the same tyme wlian he scliall amytt hym or them
|* schall 80 be amyttid or abeld fro hensforth for a schopholder,
except he haue present w'' hym |>" wardens, or ij of \>^ wardens,
adateofcjirtit, to bc present, and to asentt w* hym, att y^ lest; and viij. of
or kl IflM flr*.
yii ridfuw them |)' haue byn masters of \>^ craftc, or vij. or vj. or v. of them
ad Boi vnboiit to be jtrcsent, l)csydes \>^ M. of the craft; and they v. to asentt
oTUmm
w* the M. and Wardens to ]>^ same ablyng, att )> lest, as ys a-forc
rehersyd. And yf \>^ M. for the tyme beyng doo amytt or alicll
Andi/Hbtprovwi ony man, other- wysc than thys ordynans spesyfyth, so dewly
jirouyd by the most part of the honyst men of the craft, by fore
thk ordiiMMM,
Y> M. and Wardens and the nomber of them J>t haue be masters
of Y^ craftc, as ys by-fore rehersyd, and so doth asent ther-to,
iiw adnituiiM \^ samc amyttyng to be voyd and in none affecte ; and the
be void, sad
rfiall
tteoHMUrafaan Same M. of the crafte j>* so amyttyth ony man, schall make hym
mj, 0t of his
owngoodt.aO rcstytusyou, of hys ownc proper goodcs, of all such costys and
chargys as he hath be att ]?* so ys amyttyd contrary to th}'s
ordynans as ys above said. And also )>* all they )>* have bc
AiipMtiBMian M. of |)C craftc, or Bchal bc M. of })<' craftc, after they haue
eoMdioftiMgOd, ons be M. of the crafte, they bc and schalbc amytted for
wihart^rMUM thc cowuscll of thc craftc ; and euery man of them to be in
lyke powrc and attoryty, whan hyt schall plese )) M. of J)0
crafte for jj tyme beyng to call them to hym; and they to

stond and be in full attoryty and powre for y^ viij. men, and yy
tomake ordynances and good rullys to be kept and so forth :
So that the M. have w^ hym viij^ of them |)* so have be

;
NEW ORDINANCES. 329
masters of ]>^ craft, or vij. or vj, or v. of them Jjt have be xiie master, and
five past masters
masters,' as ys a- fore rehersyd,
J besydes
-^ J
hym-selfe,
J to asent w* at the least, and
y two at least of
hym *'
att the lest b* ys
' '
M. of the crafte, and b^
'
wardens for b^ '
tê wardens, must
assent to every
tyme beyng, to ]>^ nomber and in lyke maner as ys afore admittance to the
rehersyd, to ]>^ ablyng and amyttyng of a schopholder. And

they schall stond and be in full powre and streynght to reforme And these may
deal with every
and redrese and stablysch and corecke and ponysch all such misbehaviour,
mysbyhauyors and fauttes as haue be, or be nowe, or schalbe

so b* the mysbyhauyor or fauttes byfore them be dewly after inquiry and
proof as to such
examynyd and prouyd ; so ]>^ hytt may be for \>^ more ex- misbehaviour,
pedyantt welth and prosperyty of the fraternyte, gyld, and

occapacyon, and brotheredon, as ys abowe said. And here
volowyth b namys off them b* dyd a-sentt to thys ordynans, Assenters to these
ordinances.
before and in j? xxiijd day of June, in the yere above said. In
primis, John Brygeman, M. of p crafte, and stuard of the cety,
})6 same yere ; and M. Thomas Androw, latte Maire of ]>^ cety j
M. Geffray Lewys, recever of J)

cety ]?e same yere ; Master John
Bradmore, late recever of ]>^ cety ; M. Wyll^^m Peke, on of J)
xxiiijti Qf j,e cety ; M. Wyll'^'m Mathew, on of j? xxiiijti of ]>^ cety ;
Gervys Buschant, some tyme stuard of \>^ cete ;

[and many
others whose names are recorded*].
(14) A New Ordinance made 23 H. VIII.
Orden"nce.
Be it enacted, the fest of Saynt Marke, the xxiij^^ y^ye of the ordinance of a.d.
raigne of King Henry the viijt^ Thom^^s Hunt then beyng Every widow may
Master, that euery mannys wief, after the deth of hur husbond, t?ke?s'assiie"wiii,
, Ml I 11 1 ,1 .11 while she keeps up
kepe as many servaunts as they
i ,
beyng a taillor, shall wille, to the trade and pays
werke w* hur to hur use duryng hur widowhode, so she here her lot;
scotte and lotte, yeve and yeld, w* the occupacion.t And if ^

be > {sic.)
* The offices held by those whose names thus head the long list of
assenters to these very clumsily worded ordinances, show the intimate
relations that existed between the Gild and the Corporation of the City.
+ It has been seen that all shopkeepers were limited in the number
of servants whom they might employ (before, pp. 315, 316.) So this
was a valuable relaxation in favour of their widows.
830 OII.D OF TUB TAILORS, KXKTEIl.
taiVMiiiaMi* proved that the miiiio M^ninuntcs do wcrkc not to tiie only vae
fiîwfcK. ifc of hin Knid MAstranc, hut to his or their ownc URe, or any <thcr
^m ^fkaM
w tnjinnyii \tio, both the Mnitre88C and the scniauntcs cucry of
(*- thc}-ni for eucry* iij.. iiij.f/.
NoTK. The three* volimc3, from the first of which the forepfoinjj
extmct.i have l>een nia(U', rontiin an immense mass of entries, from
ihe Sunday l)efore Twelfth-day 17 K. IV. (a.d. 1477), up to the second
quarter of the present nineteenth century. There are bodies of " Bye-
lawn, ActiJ, and ()r(hnance," made so late as a.d. 1713 and 17 16,
l>earing tlie sij^natures, in aj)j)roval of thorn, of the Justices of Assize in
those years. (See before, |). 210.) One of James the Second's unhicky
Charters (17 October, 3 Jac. II.) was also granted to this Gild. But,
while it is well to mention these facts in proof of the vitality of the
Gild, the giving copies of those later documents would be beyond
the scope of this work.
The extracts, of an earlier date, which I have received from the
records of hlxetcr touching this Gild, beyond what I have here printed,
are numerous ; but, highly interesting and instructive as the story of
this Gild is, it would have unduly swelled the treatment of it here to
have given fuller details. The character of many of these extracts will
be underbtood by what is> sUited before, pp. 302, 303.
GILD OF THE CORDWAINEES, EXETEIJ. 331
(h) Gild op the Cordwainers.*
To all men that this presentez schall here or see, gretyng in

cure lorde euerlastyng. Where-as the Maister of the crafte of Tiie cordwainers
the Corpora.
cordynerez, of the fraternyte of the blyssed Trinyte, in the
, . ^
Cyte
a^sk
tion to let them
have some ordin-
of Exceter, hath diuerse tymez, in vmble wise, sued to the ances.
honorable Mayo^, baylifFs, and commune counsayle of the saide

citee, for certayne ordinauncez and ruelles to be vsed wîn the
jurisdiceion of the saide cite, concernyng the said crafte, vnder
the favoure of the saide Maio^, baylifs, and commune counsayle,

in refo^myng diuerse inconveniencez that ben down before this
tyme, and here-after myght ensue, and for the conseruacion of
the politik gouernaunce of the same, to the lawde and hono'^ of
the saide fraternite of the blessyd Trynyte, and the wele of the
kyng oure souerayg lordez people. Wherefore, Mayo^ bayllifs The Corporation
grant the request.
and commune counsayle, consyderyng there desirez, wille and
graunte that the Mayster and Wardenez of the sayde crafte
schall enyoye and vse suche ordinauncez and ruellez wythin the
jurisdiceion of the saide cite as folowith.
ffirste, that the saide Maister and Wardenz, and their sue- Thegiidshaii
ma1<e search for
cesso^s, w* iii.
^
othere men of the saide crafte convenient,' schall aii goods badiy
made.
make due serche, att alle tymys, of euery thyng necessary per-
teynyng to there saide crafte, as by sufferaunce they have vsed
* From the Rolls of the Mayor's Court of Exeter : Roll xix. of the year
21 and 2 2 E. IV. These interesting Rolls exist from 48 Henry III., a.d.
1264, to the beginning of last centiu-y. The present Ordinances show what
a tight hand the Corporation of Exeter sought to keep upon the Gilds in
that city. They enable us, therefore, the better to understand the anger
and long-continued feud against so independent a body as the Tailors' Gild.
The Cordwainers' Gild was, from the first, content to put itself under the
condescending patronage of the Corporation. Izaeke says that " the
cordwainers and curriers were first incorporated by grant under the
common seal of the city 21 R. II. (1387); which was confirmed 21
E. IV. (1481); and lastly 3 Marie, 1555." (Antiquities of Exeter, ed.
1724, p. 62.) The above extract is therefore the confirmation of 1481.
;
GILD or TUB OOBOWAIimB,
w*in tlir jurimUcrion of thr wiitlr cite;* tlmt is to weto, (fall
wcic Iftlun- luul ilrjc botoE, l)otwez, scliooz, pyncouz, giilcgcz,
n<! nil other ware |H'rto}iiyng to tlic Bniilc crnfto, made and
unmade, whiclie is dceceytcously wrought, aa in tannyng,
cirv)iip. cuttyng, or Bowyng, or in any otluT wyse made,
whcre-thurgh the kyngos lege pooptll Hcholdc 1)C disccuyil ;
that then suche ware, so founde dcfcctyf, to l>c hy the saide

Muister and Wnrdonz forfct and scascd ; and that to be prcysod
MMm^kiiirio
lawfully in the Vcldchall of the saide cite ; half of the sanic to
Mw ctty m4 iHlf |>e to the Iwhouijh
'^
of the saide cite, and the other halfe to the
ikagM.
behough of the saide fnitenij-te.
Also, wherc-as they have a-leccion a mongez the saide crafte,
of a Maystcr and Wardynz for the convcnycnt gouernauncc of

]JJowb the same; That he that is so by the saide fratcrnyte electe to be
^"^. a Maibter, and he wolde refuse to take the o^jouernaunce vpi)on
i i
kmBfttjm flne
wherl)y a inordynatt ruell schulde ensue, that then he so

c^. ofiMif'** '*y"^'
electe, for his refusell, to paye xx.s. ; whcrof the half to be to

the Ix'hough of the saide cite, and the other half to the behough
of the saide fratcrnyte, as ofte as they so do offcnde.
Also, where-as the saide ffraternite haue, by sufferaunce, to
electe Wardynez of the saide crafte, for the ycrc folowyng,
/;"'
V, whereof ij. of theyme schalbe schoppeholders, and ij. other
*": hiru/gn to
jonieymen, wîn the saide Cite; that if he so electe for the
loUit'^. Wardyn of the schopholdcrs, refuse to take vppon hym, to
forfettc xiij.. iiij.c/. ; halfe therof to the behough of the saide
cite, and the other half to the beliough of the saide ffraternite,
as ofte as hit schall so happen to offcnde. And if any of the

Joma}Tnen of the saide crafte be electe Warden, refuse to take
the office of Wardynschippe, that then they forfet vj.*. \n].d. ;
the one halfe to be to the behough of the saide cite, and the
othere half to the behough of the saide ffrateniyte, as ofte as
hit schall happen.
Also, if any person of the saide crafte, what degre or con-
.See wh.it is said by Izacke, in the note on the foregoing page, as to the
earlier grant of 13S7.
;
EXETER. 333
dicion he be of, be warned, in resonable tyme, to come before whoever is snm-

moiied, and dews
the saide Maister and Wardynz, att there place acustumed, and not come, siiaii
pay a fine, half
he SO warned absent hym, and no resonable excuse hadd, that
*' ' 'and going to tiie city
lialf to tlie
then, for euery defaute so donn, that thay schall paye for the g"'^-
saide dissobedience iij.s. iiij.c?. j the sayde cite to have the oone
halfe, and the saide fraternyte the othere half.
Also, that no maner of man, what condicion he be of, of the No craftsman
saide crafte,
.......
holde no open schoppe wHn the jurisdiccion of the
shall keep a shop,
unless free of tiie
saide cite,' butte he be a ffraunchised man, accordynor to the
olde custumez conteyned

_
in the blake
'JO
roUe of the saide
city, under penalty,
to go half and half
ashefore.
cite, uppon payne of vj.s. viij.c?. ; half to the behough of the

saide cite, and the othere half to the behough of the saide
fraternyte.
Also, that no maner of man of the saide crafte, d welly ng wîn No craftsman
-,....
the jurisdiccion
, . .
of the saide cite, as well in the suburbis as in

. . . shall wear the
Hvery of any lord
or other gentle-
the cite,' were none lordes levery gentilman-is, uppon
J ne other to rr '
man, under
penalty, to be
payne of the half therof to the behough of the saide divided as before,
yj.5. viijcZ.;
cite, and the other half to the saide fraternyte.

Also, that if any schopholder of the saide crafte within the Four pence shaii
be paid to the
saide cite,' set any -^
man aworke by the space of a monyth, and gud-wax for every
... fresh workman

then the straunsjer
" to paye
X
iiii.d
>
to the wax of the saide fra- taken on by a
./
craftsman.
ternyte ; and that he that so settyth hym aworke schall awnswere
the saide iiij.d
Also, that no man of the sayde crafte in the saide cite, sette No craftsman
shall takeon
no man a-worke that is reteyignde in any man-ys service, on the another man's
servant, under
tyme that he be had,
^
in examinacion before the saide Maister, penalty, to be
divided as before.
Wardyns, and felisshipp, to understond the departure of hym
and if any do the cont^y, he to forfette vj.s. viij.d; the halfe
therof to the behough of the saide Cite, and the othere half to
the behough of the saide fraternyte.
And also, if any man of the said mystere, of what degree or Penalty on every
man not paying
condicion he be of, that suche summys of mony as he or thaye his share towards
tl>e priest and the
,
bene sett for to paye, for the sustentacion of the Prest and of chapei.
there chapell, after ons warned, and refuse to paye hys duty, he
to lose, for euery defauut, sX.cl.' and that euery Maister answere neshaiibe
, ^ able for his
for his servauntz to the same, vppon the same payne : the ^'"^^^ also.
Xm (;ii.i) OF Tin; iiAKKiis,
forfetl wherroff, the one half to fprow to the Cyto, the other
half to the iiaiile ffmteniytc
Proviiltnl ullewny, that the sniilo MniHtcr ami Wardona of the
Mid Mialorc, shall come, euery yere, onto the Yrlilhall of the
aid cite, the uexte Monetlay vjtpon tlie Elecciou of the new
Maicr, Uiiillifs. ami other offyocrres of the Baide Cite ; and thcr,
lv the |aynu'nt of iiij.'/., to surrcndic all there sayde ])ower on-to
till- wiide Maier lkiilif and coninmnalte ; and then and there to
take and resume hit, by the new Maier-ys ^raunte, of the saide
cite, ncconlyng to the saide enrollenient vnder his scale of office,
without any fees thcre-for to be payed ;

provyded all-so, that
the liberteis of the saide cyte, francheis, and old vsuages, allwayc
be saNyd, and yn no wyse interrupte by the saide grauntc.*
Thw* ordiMUMM And that this saide ord^Tiauncez and constitucionz, w^ othere
rt canillfvl K4M
UwrnnrteoruM conuenyent rewlis as acordyth w* reason, schall be fermc and
stable, we the saide Maio*" bailifs and commune counsayle hauo
lette enroll hit in a roll, bcryng date the Muuday next after the
(Teste of the Purificacion of oure lady, yn the xxj<i yerc of the
reynyng of the kyng our souerayg lord, kyng Edward the iiij^^',
omongez the recordez of the saide cite.
(c) Gild of the Bakers.+
To alle men that this presentcz schall here or see, gretyng in

UMBtfMiMk oure lorde euerlastynj'. Where-as the Maister and Wardons of
tWOofporalion to ''
The intense jealousy cherished by this Corporation towards all Gilds,
could not be more strongly shown than by this extraordinary requisition,

that a yearly surrender should be made of all this power and authority of
tin- Gild. And for this yearly humiliation, the Gild had to pay to the
corporation a fine, besides the half of all payments received by it ! It was
thuij without any really indejiendent existence whatever. The Tailors'
Gild never submitted to anything of the sort, but took up "swerdis and
daggariis" rather, in maintenance of their independence. See before, p.
303. Terms so hard as these were not imposed even on the Bakers. See
the Gild next following.
+ From the Ilolls of the Mayor's Court of Exeter : Roll xix. of the year
22 Ed. IV. to I Richard III.
EXETER. 335
the crafte of Bakers, of the fraternite of oure blissed Lady and letthem have
n /î r^- f -n
'
1
Seynt Clemeut, in the Cite of Exceter, hath diuerse tymez, in
tit some orduiauces.
vmble wise, sued to the honorable Maio^, Baillyfis, and Com-

mune counsayle of the said Cite, for certayne ordinauneez and
ruellez to be vsed withyn the Jurisdiccion of the said cite, con-
cernyng the said crafte, vnder the ffavoure of the said Maior,
BailyiFs, and commune counsayle, in reformyng diuerse incon-
venientez that bene doun before this tyme, and here after myght
ensue, and for the conseruacion of the politick gouernance of the
same, to the lawde and hono^" of the said ffraternite of oure

blissed lady and seynt Clement, and the wele of the kyng our
soueraygn lordez people.
^
Wherefor, the Maier, Bailyffs, and The Corporation
_
grant the request.
Comen counsayle, consyderyng ther desyrez, wille and graunte
that the Maister and Wardenez of the said crafte shall enjoye
and vse suche ordinauneez and ruellez withyn the jurisdiccion of

the said cite as folowith.
ffirste,' that the said crafte and Mistere shall, euery yere, hold An annual feast
^ J '
shall be kept.
and kepe ther fFest of theyre solempnite of theyre Brotherhede,
in the Monastery and Churche of Seynt Nicholas withyn the
said cite, other in any other convenient churche withyn the

same, yn the ffeste of the Nativite of oure blessid Lady, for the
welfare and gode prosperite of all the Brothern, Susterne, gode
helpers, welwyllers, Maitenors, and socorourris, of the said fra-
ternite, yerely to be continued.

And also, for a gode and an ordinate reule to be kept and a master and two
wardens shall be
continued amongis them, that they schalle, ons yn the yere, that chosen every year.
is to wete yn the said fest of oure Lady, or the raorne vppon,
chese theym iij. of the said crafte, of the most abilist persons,
on to be Maister, and the ij. other to be Wardens of the said
crafte, for the yere ffolwyng, for the polletik reule and gouer-
naunce to be kept among theym, yn the leve of ther mony, and
all other thyngis belongyng to the said ffraternite ; and the said a yenriy account
shall be rendered.
Wardons for to accompe yerely of all the reuenowis of the
same.
And moreouer, that all Dowers of the Cite, and suburbis of Aii com shaii be
y-s.. . ,,. , , ,
ground at the city
the same, grynd att the Cite-is myllis, and noo where els, as miiis, so long as
S36 OILD OP TIIR DAKKR/i,
loog M tbejr mej hA%*r miflioinunt ^rist, vppon kucIi pnyiiyK a8 of
old be onlncd wnl pmvidetl yn that he-luilfTc*

And aliw whtH>-o-ouer of the said craftc set ony Bt'n'aunt yii
occapttCTon of the wiitl crafto oucr iiij. wikys and o day, to for-
fcie xij.</. lis ode as ony so doth ; half*' to tlc said Citi', and tlir
odor halfe to thi* sustcntacion of tlie said trratirnitc ;

yn-lesso
then he hnfe 1)0 npnMitisc of the sai*! crafte.
And that none of tlio said crafte 8U)cke ony man-is prentisc or
yercly seniaunt of the said crafte, or socourc or maynteyne ony
suchc, any nprentise, or yerely seniaunt, goyn*,' or brekyngc

away fro his Maisterres covcnaunt, vj)pon payne of x\.(l. as ofte as
ony of the said crafte schall hapon to 1)0 founde yn sudie a

dcfauute ; halfe of the said payne to be enployed to the vso of
the said cite, and the oder halfe to the sustentacion of the siiid
ffraternite.
And also, yf ony man of the said crafte and ffraternite, v])pon
iij, dayes wamying, make defaute or lackc to come to the said
ffestc, eliccion of theire said Maister and Wardcnes, to theyre

gencrall olête, masse, and dirigesse, to be hold ons yn the ycre
for the sawles of bredeiyn and susteryn passed outc of this
world, and also to the auditc to be made and hold ons yn the
yere, to pay, as ofte as he so maketh defaute, xij.^Z. ; halfe to be
enployed to the vse of the said Cite, and the oder halfe to the
Bustentacion of the said ffraternite.
Hm I , wth
II And also, thath the Wardcnes of the said crafte haffe fulle
foraB jMiwere to make serche, with one of the officcris of the cite, as
liv.
well vppon thoo that byeth mele contrary to the custume of the
cite, as \'ppon gode paste to }>e made acordynd to the sise, as
\1)pon all oder defavtys. And thath that ys forfetabell, to forfete

hitt ; and to presente the same fautys euery Monday to the
be mAt tn ttw
Mo courte, with the said forfetoures and the same forfetoures to be
;
lUi toe ^'ifu

enployed halfe to the said cite, and the oder halfe to the said
2^B?!f*e"" ffraternite.
Clearly therefore, in this case, as in that of the Cordwainers, there
had been earlier ordinances ; and there can be little doubt that there was
ft Bakers' Gild in Exeter before the date of these ordinances.
;" ; ;
EXETER. 337
Also, thath the Warclones of the said crafte hafe full power to search shaii i)e
1 1 ',1 i ii 11 1 1 . ,
made, at luickhtera'
make serclie, with a sergent, att all
,
hoggesters houses with-yn houses, for b.ead

1 T T / 1
1 /^- 11 f
made outside tlie
the J uriscliceion oi the said Cite, vppon alle forenes brede broght town.
to the same ; and the same forenerres brede ther so founde to such bread is
o p
forfete hit
1 ' 11
and the same
n f
forfetes to presente hit, immediatly,
forfeited
; and must be pre-
on-to the Maier and BailyfFs ; takyng halfe to the vse of the mayor and baiuns;
said cite, and the oder halfe to the vse of the said ffraternite. have\'!aiffand'the
And thath all Bakers of the said Cite,' and suburbis of the '^,
Horse- loaves shall
same, make butt ij. horselofys to a peny, and of clene beanys,* pen'Hy'ôf ciean'^
'^
vppon payne of xij.cZ. as ofte as ony doth yn contrary ; halfe to

^^|J'"^^^
wiuch goes, half to
the vse of the said cite, and halfe to the vse of the said the city, and half
tothegiid.
firaternite.
Also, that no man set vp the crafte of bakyng from hens- No baker shall be
allowed in the
forth, with-yn the said Cite, or subbarbis of the same, on-lees town, unless a
freeman, and also
that he be a franchessid man, and habelyd by the said Maister "^ ^^ tê giid
under heavy
and Wardones ; vppon
^
pyne
^"^
of xl.5., halfe to the cite,' and the penalty half to
;
^ ^ the city, and half
oder halfe to the said ffraternite. to the giid.
Provided allway, thath yf ony of the said articlis be contrary Any article of these
ordinances con-
to the liberte of the said cite, or old custumes of the same, thath trary to the city
liberties, shall be
hit be reformabyll and corrigabill by the Mayre, Bailiffs, and the reformed.
comen counsayle of the citee. Provided also, thath this graunte This grant does
not reach beyond
hafe non effecte with-oute the jurisdiccion of the Cite, but onely tê city
withrinl the liberties of the same. Provided alway, that all and no city custom
"^
'- - can be lessened by
theis articlis ne noone of them be noe wise deregatory, prijudi- i*-
ciall, ne contrary vnto the liberties and customys of the said

Cite, and the comyn wele of the same.
And inseigne and tokyn of all the said articles as bene aboue The mayor's seal
put to these
rehersed, shall byde ferme and stable, the seale of offise of the articles,
Mairalte of the Cite of Exceter here-vnto is putte.

^ Yeuen the on loth February,
.
A.D. 1483.
x^li day yn the monyth of ffebruarii, yn the yere of the raign of
cure soueraign lord kyng Edward the iiij*^, xxiiî.
* Elsewhere, the horse-loaf was made of "al maner of com." See after,
as to horse-bread, Note to Usages of Winchester, p. 366. [L. T. S.]
22

XYIII.
BERWU^v-UPON-TWEED.*
^t.itutfS of tf)c Gill), Krdaiiicd by the i)lcrtsurc of the Burgesses :
8<) that, where many Builies are found side by side in one plaee,
tliey may ]ee(inc one, and liave one will, and, in the dealings
of one toward another, have a strong and hearty love.
The original of these ordinnnces is not known to exist in Berwick. It
by no means follows that it does not exist tliere ; for neither the " Okie
Vsages" of Winchester, nor the Gild Ordinances of Exeter, which are
p. 299, and after, p. 349), were
here printed from the originals (see before,
known to exist in those old cities of renown, till I lusked for starch to be
nuile in both places, my reasons being given for thinking they must exist
there, together with the indications by which each might be known,
my wishes being, happily, in both cases cordially seconded by the corporate
authorities of those ancient cities. Having been informed by the town
clerk of Berwick that these ordinances are not in the archives of his
borough, and, moreover, that they never were there (which is of course
a nrntake), I have not thought it necessary to pursue the search, because
(l) these ordinances are not in English, and so do not give us a sample of
the local tongue then spoken in Berwick ; and (2) they have already been
twice printed, and one of these prints, though not following as closely as I
could wish the Latin original (for no Latin was written and spelled in the
thirteenth century as it is there given), is sufficiently reliable for the use
made of it here. This print will be found in Houard's "Traitds sur ks
coutumes Anglo-Normandes, publics en Angleterre, depuis le onzifcme
juHqu'au quatorzieme Siecle" (Rouen, 1776), vol. ii. pp. 467-487. An
imperfect copy of the ordinances, printed, moreover, with inexcusable care-
leasness, though avowedly taken from Houard, is given in Dr. Wilda's
"Daa Gildenwesen im mittelalter " (p. 376) and ; it is the only sample he
gives of gild ordinances. But, most strangely, he leaves out, from begin-
ning to end, the titles of the ordinances. These are always valuable, in
every case where they are found, as giving the authentic substance of
what, when set forth at length, is sometimes obscure. I give these titles
here, and a short aummary of each ordinance.
BERWICK-UPON-TWEED. 339
(i) Una Generalis Gilda ohservari debet.
All separate gilds, heretofore existing in the borough, shall be There shall be only
1 1
brought to an end.
irm
ihe
I'lnnii-
goods righttully belonging to them
One gild in the
town,
shall be handed over to this gild. No other gild shall be

allowed in the borough. All shall be as members having one
head, one in counsel, one body, strong and friendly.
(2) De forisfactis Glide.
All fines of above eight

^ shillinos,
savins
king's
taxes and common fines
shaU go into the
what belong as of right to the provosts, shall go to the gild- stock of the giw.
stock.
(3) Zê legatis relinquendis Glide.

Bretheren of the gild
bequeath
^ something to the 00 shall, if
gild.
o by Will,
they leave anything ./
./
Bretheren shaii
bequeath some-
thing to the giid,
ifthey make Wills.
(4) De recipiendis in Gildam post testamenfa ah illis facta.
Any one, not a brother, bequeathing goods to the gild, shall Men, not being
bretheren of the
be treated as a brother,' and shall have what help the o gives
gild o g'W, making a
ir
bequest to it, shall
to bretheren. have the benefit of
the gild.
(5) De pcend confratrum delinquentium verho contra alium.
Any brother using foul words to another while going to, at, if a brother is
foul-mouthed to
or coming back from, a gild-meeting, shall pay forty pence to another, he shaii
and a but repetition, shaii be

the o
gild. If he does it again, not only a second
>/
third,
7 further punished.
a fourth time, he shall be punished and make amends as the
Alderman, Ferthingmen, Dean, and other bretheren think right.
(6) De injurid reali confratrura Gilde.
If one strikes another, he shall pay half a mark to the gild, Heavy fines shall
be paid for bodily
and make amends also. If blood is drawn, he shall pay twenty imrt done.
shillings, besides such amends as the Alderman, Ferthingmen,

Dean, and the rest, think right, and this without any abatement.
If any one brings a pointed weapon to the gild, he shall pay weapons shaii not
twelve pence to the gild. meetings.

510 BKRWICK-UPON-TWEBD.
(7) Dt mimjmtibus (ul jtarietes GUde.
Wli.M\.i iimkcfl nny inrH nt tho ip\\o of tin* (ill-lill. ur
n^xwA tlu" walU whilf llu' tjilil is lioMiiit,' iiicutiiig, slmll piiy
four |enct' to tlio u^l''
(S) l)c jn-t'io ncipiciulorum inCikhim.
None Hlmll Ik^ taken into the gild without paying at Icftfit
forty Bhillings, saving the sons and daughters of gildnien.
(9) De relevatione ccmfratrum,
ilNchvB ^^'hoover shall fall into old age or poverty, or into hopeless
iirtMM sickness, and has no means of his own, shall have sucli hel]) as
the Alderman, Dean, and Bretheren of the gild think right, and
such as the means of the gild enable to be given.
(10) De relevaiione Jiliarum Glide.
DowcriMiiudibc If any brother die, leaving a daughter true and worthy and
Iwo to poor
of go<jd repute, but undowered, the gild .shall find her a dower.
either on marriage, or on going into a religious house. *
(11) De avhsidio in sepulturia.
Whoever dies without leaving means enough to pay for

iteO b* bortod at
iiMeiMiorujegiid. becoming burial rites, shall be buried at the cost of the gild.
(12) De relevamine confratmm pro crimine veocatorum.
BripAaBbtghvn If a brother is charged, on a matter of life or limb, outside

dMTwid wtth the borough, two or three gildmen shall help him, at the cost of
the gild, for two days : afterwards, it must be at the brother's
cost. If the brother has been rightly charged, he shall be dealt
with as the Alderman and Bretheren think well.
(13) De eo qui Gildam neyligit.
wfio If any burgess treat the gild with disdain, no brother shall
lUbdiwd give him any help, by word or deed, either in or out of the
Compare an ordinance identical in spirit, though not in words, in the

Ludlow Gild, before, p. 194.
borough, whether he be under charge touching life or limb, or
whether he be in worldly trouble.*
(14) De pcend non venientium ad Gildam.

Whensoever the Alderman, Ferthingmen, and Dean summon ah bretheren shall
11.11
/v..
a meeting, to deal with the anairs
ri Ml 1
come to meetings
01 the gild, every brother
1
at the sounding of
shall
T p 1 1
come, at the sounding of the trumpet, under penalty of
II. tlie trumpet.
twelve pence.
(15) De leprosis.
No leper shall come within the gates of the borough ; and if No lepers shaii
come into tlie
one gets in by chance, the serjeant shall put him out at once, borough, a place
for them being
If one wilfully forces his way in, his clothes shall be taken oflf kept up outside
the town,
him and burnt, and he shall be turned out naked. For we have
already taken care that a proper place for lepers shall be kept
up outside the town, and that alms shall be there given to them.
(16) Dejimis reponendis.
No one shall lay upon the banks of the Tweed, within the No dung nor dust-
heaps shall be put
marks there set up, any dung or dust-heaps, so as to be a near the banks of
tu6 X W66C1
nuisance to those living near. Whoever does so, shall pay eight
shillings.
(17) De taciturnitate in cwia gilde.
While causes are being tried, no one shall speak, except the * silence in the
Court."
plaintiff and defendant, and their counsel, and the bailiffs who
hold the court, under penalty of eight shillings.
(18) De equis confratrum gilde.
Every burgess worth forty pounds shall keep a horse worth Every weii-to-do
_
burgess must keep
twenty shillings. If it dies or is sold, he must get another ahorse.
within forty days, or pay eight shillings sterling.
* The sense of this may be misunderstood unless I give the original

words, which are as follows :
" Si quis burgensium nostrorum hanc con-
fraternitatem nostrorum contumaciter neglexerit, nullus confratrum nos-
trorum ei consilium vel auxilium, verbo vel facto, infra burgum vel extra,
ministrabit, aut si super periculo vitge et membrorum placitatus fuerit, aut
in aliquo onere terreno incurrerit,"
94f BBRWICK-tTt)N-TWnD.
(19) De vu>l*iulini mamtalibits.
i No one piml wheat or other ^nin in hand mills, unless

hall
lito
through urgent nee<l. The miller nuiKt have his Hhare, the
ptaiOf^. a.j UiirteeQth part for grain, and the t went} -fourth part for malt.
(20) De emptiojie lanoiy coriounn, et pellium.
itoiavMMHriMi No one, not being a brother of the gild, shall Imy wool, hides,
IfwAs ! wool or
hMaaiMiMto or skius, to scll Bffain, or shall cut cloths, save stranêr-mcr-
bt <! > cliiuits in the course of trade. Such a one shall have neither
"
Lot nor Cavil with any brother.
(21) XuUtis co7ifrair dahit pecuniam auam mercatori extraneo.
TateteaddMi. Any brother of the gild advancing money to a stranger-mer-

"ib chant, and sharing profits thereon, shall be fined forty shillings
the first, the second, and the third time ; and, if it be done a
fourth time, he shall be put out of the gild. And in the same
way shall any brother be punished who takes money from a
Btrauger-merchant for such kind of trading.
(22) De eynptione mercium, qite in navi advehuntur.
TW Mtti A>ii This ordinance reinilates, in five clauses, the sale of the com-
Miorfdp.boni mon sea-borne articles of food. The substance of it is, to hinder
forestalling the market, and to ensure fair sales.
(23) De mercihus vitiosis.
At u. rr^-u that If any one buys goods, misled by false top samples, amends
lop ad Ud Mow. must be made.
(24) De pretio mutonwin.

iwprfnof Mutton shall not ]>e sold from Easter to Whitsuntide, at
MHttoo UmHigti.
out um rev. dearer than sixteen pence the carcase; from Whitsuntide to the
feast of St. James [July 25th] at dearer than twelve pence;
thence to Michaelmas, at dearer than ten pence; thence to
Easter, at dearer than eight pence. Whoever breaks this assise,
shall pay a fine of eight shillings.

(25) De carnijicihus mercatorihus.
No butcher, while he follows that calling, shall buy wool or Butchers siiaii not
speculate in wool
hides.* or hides.
(26) De Bfasiatricihus.
No woman shall sell ale, from Easter till Michaelmas, at The price that aie-
wives maycharge.
dearer than twopence a gallon ; nor, from Michaelmas till
Easter, at dearer than a penny. And the names of the ale-wives

shall be registered, t
(27) De BroGcariis.
Brokers shall be chosen by the commonalty of the town, and Brokers shall be
chosen by the
shall every year, at Michaelmas, give a cask of wine to the town, commonalty.
and their names shall be registered.
(28) De Regratariis.
No huckster shall buy fish, hay, oats, cheese, butter, or any Goods for con-
sumption shall not
things sent to the borough for sale, before the stroke of the bell be bought up by
hucksters before
in the bell-tower of Berefrid. If any one does this, the goods the beii rings.
shall be seized, and shall be given to the poor. J
(29) De Anticipatorihus fori.
Goods shall not be bought up before they reach the market. Forestalling of the
market shall not
Goods SO bought up, shall be forfeited to the gild. be allowed.
(30) De ementibus lancmi et coria.
No married woman shall buy wool ; nor shall any burgess Wooi and hides
shall not be in-
have more than one buyer of wool and hides. Whoever un- grossed by a few
buyers.
reasonably ingrosses such goods out of the market, shall forfeit
them to the gild, and pay a fine of eight shillings.
* The original of this ordinance is curious in its terms :

" Nullus car-
nifex, donee voluerit suum officium exercere, emat Lanam aut Coria, nisi
velit abjurare Securim suam, et manum Bestiis non apponat."

+ Much heed was given, by the old law of England, to the price and
quality of ale. Berwick seems to have made no exception to this. See
Ordinance (39) on p. 345. [L. T. S.]
X For the fate of hucksters in Exeter, ofifending in the matter of bread,
see before, p. 337.
a44 BlEWICK-UrON-TWBBD.
(31) Xemo proeurei /oriujienim in placilo ecmlra ^nctnum.
HslMpMiMi No Hir yf thuW ^ct nn outsider to i>Ioa<l fcir liiin agniiiHt
Mi^taar^Mr A DeigtitKHir, uiulcr i>onHlty of n cask of wine.
(32) J)e conspiraioribus contra yiUUim.
TW ftM iÂii b* WlxH-vcr tries to scatter or to F]>lit up the gild, shall |>ay
a cask of wine.
(33) De guheniaiioiie communitalis.
The afliiirs of the borough shall be nianagccl by twenty-four

iteOtoniML discreet men of the town, chosen thereto, together with the
Mayor and four Provosts. Whoever of the twenty-four, having
been summoned over-night, fails to come to a meeting, shall pay
two shillings.
(34) De electioiie imijoris et prepositqrum.
Th MAforaad The Mayor and Provosts shall ])C chosen by the whole com-
IvtcNuriMiib*
bytlM monalty. If there is any doubt as to the choice, the matter
shall be settled by the twenty-four burgesses whom, as abovc-
eaid, the Commonalty have chosen.
(35) De revelatione consilii contra sacramentum.
Bwnyvn of Um Whoever bewrays the counsel of the gild, shall, for the first
^rfMllw
time, be punished as the Alderman and others think fit. The
second time, he shall be put out of the gild for a year and a day.
The third time he shall lose the gildship for ever. And be it
kno\\'n that, not only in this borough, but throughout the realm,
he will thus become an outlaw and infamous.
(36) De chirothecariis et pellipa/riia.
No t^kfTtt nor No skinner nor glover, nor any one else, shall cut wool from
Idnocr fttaU rat
vool during th-* any skins between Whitsuntide and Michaelmas, but all skins
monUu.
shall be sold as they are. Any glover or skinner doing other-
wise, shall pay a cask of wine to the gild.
BEllWICK-UPON- TWEED. 345
(37) De particijoatione halecwm emptorum inter confratres.
Whoever buys a lot of herrings, shall share them, at cost Buyers of hemngs
shall shareand
price, with the neighbours present at the buying. Any one not share alike.
present, and wanting some, shall pay to the buyer twelvepence

for profit.*
(38) De cariagio vini.
This ordinance regulates the manner of carrying wine-casks The carriage of

wine-casks.
and the charges for such carriage.
(39) De hrasiatricibus ementibus avenas.
No woman shall buy [at one time] more than a chaldron of Too much beer
must not be made.
oats for making beer to sell.
(40) De tempore emendi animalia.
This ordinance pointed against

is the forestalling of the Butchers shaii
^ * not forestaU the
^ ^
market by butchers, in the way of buying up beasts unfairly. market.
(41) De venditione corii tannati.
Tanned leathers, brought in by outsiders, must be sold in open Leathers must be

sold in open
market, and on market day. market.
(42) De Molis.
No one shall have more than two pair of mill-stones.

Two pair of miii.
stones are enough
for anybody.
(43) De Lot et Cavil.
No brother of the gild

" ought
'^
to go
^ shares with another in
Local custom as
to sharing goods
less than a half quarter of skins, half a dicker of hides, and two bought,
stones of wool.t
* This ordinance is curiously the same in spirit, though on so different

a subject-matter, with one of the Gild of Joiners and Carpenters in
Worcester. See before, p. 210.
t The original words are, '* Null us confrater nostrse debet habere Lot
neque Cavil cum alio," &c. The meaningword " cavil" clearly
of the
appears to be part or share. See Halliwell's Archaic Diet. and Spehnan's ;
Glossary, word " Lot," where a bye-law is quoted much like the Berwick

one (20) above, "quod nullus burgensis rure manens habet lot neque
^15 DKRWICK-VPON-TWEED.
(44) Ih U-ct^ ft temjnyrf amendi ntercimoma in navi drlntn.
SculKinic pixnU must bo Umglit " nt tlic Broy,"* nnd muHt he

cnrriwl Away U'twccu sun-mc and sunset, under ].(nulty
of
aoMk of wiuc*
(45) ^ aviercianieiUa extraneorum mercatorum.
All payments by foreip^n mcrelmnts shall go to the gild-stoek

and the l>orough fund, save what 18 due to the Crown.
(46) Non licet j'oris-hahitantihus emere vel vendere nisi in

die/oH.
No burgess uor out-dwelling brother shall Imy or sell in the

dMltai town any goods belonging to the gild, save on market-day. And
* no out-dwellers shall buy up victuals coming by ship to the
to>vn, under penalty of a cask of wine.
It took up five days to treat of and to settle these ordinances.
The dates of these days are given. Two of them fell in a.d.
1283 : the three othere in 1284.
ecml cum burgensibus inhabitantibiis." The phrase is thus equivalent to

the modem "part nor lot" (see Acts viii. 21).
The use of this word may throw some hght upon the true meaning of
the discussed phrase "scot and lot," about which my Father liad no doubt
whatever. The words of the oath given before, p. 189, "I shalbe redy at
scottand lotte, and all my duties truly pay and doo," do but strengthen
and confirm the interi)retation given by him, and which was corroborated
by the conviction that within this homely phrase was contained the essence
of English independence. The following was printed in "The Parish"
(2nd ed. p. 474) : "What follows from being one of the Body of a Parish
is, the liability to two distinct things. These two things are, hearing lot
. . .
and That is to say

jiayinfj scot. ;
each inhabitant is bound to fulfil such
personal duties, for and on behalf of the whole Body, as shall be allotted
to him by that whole Body he is also bound to pay his share of scot (shot)
:
towards every general tax. The Offices [Parish offices] already named
illustrate the former of these liabilities. All Parish Rates (and not any
one of these in particular) illustrate the latter." I may add, that the
words are empiloyed in the same sense in " An Historical Essay on the
English Constitution," published in 1 771, pp. 20, -21, &c. [L, T. S.]
This, like several of these ordinances (c.y. 22, 28-30, 40), is directed
agaiubt forestalling and to ensure fair trade. See after, p. 353. [L. T. S.]
;
III.
GILDS
AND
MUNICIPAL BODIES.
pE OLDE VSAGES OF pE
CITE OF WYNCHESTEE,
J3AT HAXJEp BE Y-VSED IN pE TYMB OF OUEE ELDERNE
OKDINAUNCBS, CONSTITUCIONS, AND ARTICLES OF THE
CYTE OF WOKCESTRE;
FROM THE ORIGINAL RECORDS.
THE OFFICE OF THE MAYOR OF

BEISTOL;
THE COSTOMARY OF THE MANNOR OF
TETTENHALL REGIS;
FROM AUTHENTIC COPIES OF THE ORIGINAL RECORDS.
To doenmanU printol in thin Part throw print li^'ht mxin tlic rclationa
UtwwB Um old GiliU fuid tho M>lf-p^)vcming Lornl ('omiiifiialties M

Muntctpid IWxliM. Alroiuly much has been seen of thU, in dealing with
Um* (.lild* of Bcvcrloy, nirniinj;hani, Tiristtjl, Tknvick, ExiU r, kc Tn
thcmf OkJtc*, the Gild* wore the Htand-jwint. In what follow, tho Moiiicipal
Body in each cnc, tho standpoint.
lA. Ab a general rule, the result U
found to he one of harmony, and not of antagonism, between the Municipal
Dodie* and the Gilds.
In the first three of the very interesting documents which follow, the
Gilds are expressly named, and their connection with the Municipal Body
b more or leas clearly seen. In the last, tho Costomary of Tettenliall
Bagis, we have an iroportaiit proof of how much of the spirit of the
old Gilds lived on, notwithstanding; tho iniquitous plunder and subversion
of them, under colour of an Act of Parliament, in the time of Edward VI.
The tenants of the manor,who were a thoroughly self-goveniing Body, in
shaping their bye>laws adopted many regulations of the same class as what
are found in the more important of tho old Gilds. The document is one of
Tefy gpecL'xl and instructive interest to those who would understand the
real basis of free institutions.
I have to thank the Mayor, Council, and Town Clerk of Winchester for
their liberal courtesy in placing the highly-interesting and valuable Roll
of their ** old usages " in my hands for the purpose of this work.
In the same manner am I indebted to the Corporation and to the Town
Clerk of Worcester, for entrusting me with the four original volumes of
Records from which I have here made large extracts (see before, p. 2CX3,
note).
Not to the Corporation of Bristol do I or any reader of this volume owe
any thanks. We owe these, as already stated, to the liberality of a private
gentleman (see before, p. 283, note).
Am to the Costomary of Tettenhall Regis, I owe a double debt of thanks:
Jlntj to Mr. T. W. Cooper, of Hall Farm, Hampton in Arden, who kindly
ent to me, unasked, a very old (but not quite complete) copy of the
Costomary ; andMr. Neve, of Wolverhampton, the Lord of
secondly, to
the Manor of Tettenhall Kegis, who, hearing that I proposed to print this
document, sent to me the earliest Rolls of the Manor in his possession,
together with several ancient deeds, and a complete copy of the Costomary
of which Mr. Cooper had already sent me an earlier, but not quite complete
copy.
349
pESE BEN bE OLDE VSAGES OP bE CiTE OF WyNCHESTEE, bAT *

These usages have
been, and will be,
HAUEj) BE Y-VSED IN |>E TYME OF OURE ELDERNE, BETH fmfsStaS^the

franchises of the
FRAUNCHYSE SAUY AND SUSTEYNEY. City of Win-
AND SHOLLE BE TO \>E
chester.
pat is to wetynge, ])at ]>er be, in ]>e town by-fore y-seyd, The Mayor shall
be chosen every
Meyre, y-cliose by ])e comune grauntynge of ]je foure and year, by the foiir-
and-twenty sworn
twenty y-swore and vf ^ []?e] commune, principal sosteynere of men and the
commonalty.
]>e fraunchyse ; weche mayre be out-put fram 5ere to 5ere. ' (sic.)
And wych meyre ne vndurfonge no playnte ne no play by hym,

ne pleydy of ]?inges ]jat touclie]) the rewle of |>e town.
Off ]?e heuedes of ]>e Cite, sbolde be foure and twenty y-swore, There shall be
four and -twenty
in stede of J>e meste gode men and of ]?e wyseste of Jje town, Sworn Men,* for
a council to help
for to treuleclie helpe and counseyle J>e forsaid meyr, for to the Mayor ; who
him
shall attend
saue and susteyne ]>e fraunchyse. Weche foure and twenty on summons.
sholde, to ]>e comenable somaunse of ]>e forseyde meyre, come.

And îf hij be jjcnnes, by-])Owte ry5tful enchesoun, euerych by
hym-selue be in mercy of one besaunt, to }>e profit of ]>q Citee
at eche tyme.
* Men having local duties were heretofore very often known as "sworn
men," as in this case. In **The Parish" (second ed., pp. 69, 70) I have
cited several instances of this, from the time of the Inquisitiones Nonarum
(a.D. 1340) down to that of James I. It should be here remarked that
the various ofl&cers enumerated in the first five paragraphs of these
"Usages" do not include all the men of authority that were then known
in the city. There was a Town Clerk, who will be found often named
in these Usages. There were also Aldermen^ who had important duties,
as is well illustrated in the last of these Usages, whereby the " Alderman
of \>e stret" is bound to take a view of premises in certain cases, where the
owner of a house is so unhappy as to be unable either to get his rent
or find goods to distrain upon.
35<1 TIIK OI.I) ISAGE8
Abo, \er hoUle !>c twey Imylytiea y-sworo in |>o Citoc. nml
tifwrlcche |o |ofwyko wîye, nml do nllo nun comnninc ry^t-
*jn^mwmm4ly fuliirKHo ilon. paniio bt* Moyrc luul |>c foure and twenty, at
^^jK***"^ be borgliinot of scjiit niychol, shoUe chcsc fowrc gode men. And
)c ci>nimuno, of |cs fouro. duse |>c twcync nfore y-sayd.
t '-_fw. AIho. fowrc soriauntes sholdo bo iu |>c town y-swore, 5erd('9
*.'..'[ 4\h9 bcnngv, for to don |)c lustis (f |>e Ma}Tc and of |)C bayl^-ues
Mk< f ami
iî.a* by -fore y-scyd.
jkmHôCceamam Also, twoy coroncrs by-ly|) \>at |>er be in Wynchcstre, y-sworc
MitaiiktniH in oure lord \> kynges by-halfe, o|>cr hys Justyces, to don here
Offys al-8o wel in |>e sok as in |>c Citcc afore y-seyd.
iiMBdUAanHi Also, be bayl}'ue8 a-fore y-seyd sholde, at j>e jeres ende, 5eldc
thtfkm nMa^lai vp here rolles of play and of |>e Taraget, to lygge in commune
ward for |>ingcs y my^tte by-fallc.
liwiiBiHiiw Also, pon of |>e for-seydc fowrc and twenty ne shal susteyne
cMvftiitaiipMeii.* partye in Court of ]>e Citee, ne be tellere ne vndurnemLre of
wordes, in harmynge of |)e (Traunchysc of \>e town.
Mainn oi qnots Also, non of be Citee ne shal don werche qwyltes ne cbalouns
Mrtwartivithhi hy^-)>oute )>e walk's of |>e Citee, vp-on peyne to lese ))at good,
M aaiNai tax for
^^j. îit worjjy. And doj) to wetynge, \>&t euerych gret hows in
SSi Tuiuudliii wham me workc}) \>e qwylles, shal to ]>q ferme v.s. by J)e 3cre,
***''inn* \^y ^^ worche but o-lupy clo|>. And do|> to wetynge, })at
* (*<)
non ne shal mak yc fraunk who ))at euere hald in hys hows,
OJH.T in o|>er stedc; out-nonie on to \>e meyres hows, and an o|)er
to ])Q hospytal, and \>e }>rydde to \>e clerkes of jjc town.

Tiwpr'wof ^Vnd do)) to wetynge, ]>&t \>e Tapeners J jjat worche}) \>e burelles,
A cross is put against this usage showing that it was held important. ;
+ As the "chalouns" are here distinguished from "quilts," and as

Chaucer describes
"Abedde
"With sJides and with cludons faire y-spredde,"
it Beems to follow that chaloun is another name for blanket. It is certain

tiiat it was some and the language does not seem
sort of bed-covering,
consiiitent with its being a counterpane, as distinguished from a quilt.
4; It is not quite sure what was the work of the "tapener;" he had to
do with the chalouns as well (see pp. 351, 352). Chaucer speaks of a
"tapiser," who is explained to be "a maker of tapestry." May not the
word t<i][)e (A.S. t(nppe), be connected with the root of both ? There was

OF WINCHESTER. 351
ram alle halowenetyd for here work shullen take for ]>e cloth cloth shaii he
...
xviij.rt. : ffram J>e
. .
annunciacioun of oure lady,

111/.
and of ])at tyme
according to the
time of tiie year.
for to an-o]7er tyme of al halowene, ij.s.
And do]> to wetynge jjat non ne shal make burelle werk, Burei cioth shaii
i'/ii/rtir
but he be of ffraunehyse of
3if J?e ]>e town, out-nome p
i
eueriche
^^ made by free-
men of tiie town,
fullere makye oon by 5ere, and euerych makyere on y-nome \>e
kynges ferme.
AfF obere halue, dob to wetynge b* be chaloun of fowre ellen Blankets of given
lengths shall he
and o quarter of langnesse, shal habbe tweye ellen and an halfe made of given
breadths.*
anciently a mystery of "tapicers" in London. (Herbert's Livery Com-

panies, vol. i. p. 33,) [L. T. S.]
* It seems clear, from the measurements given, that the ell named in
this "Usage" was the Flemish ell, of three quarters (27 inches). With
the "Usage" itself, and the one that follows, the statute 4 Ed. IV. c. i
(a.D. 1464), as to the length and breadth of broad cloths, &c., should be
compared. was not passed till more, probably, than a century later
It
than the time of these "Usages of Winchester;" but it shows that the
necessity for some regulations, to prevent fraud, had then become
general, and were not confined to Winchester. It is a very remarkable
statute. It begins by reciting that,
"Whereas many years past, and now at this day, the workmanship of
cloth, and things requisite to the same, is and hath been of such fraud,
deceit, and falsity, that the said cloths in other lands and countries be had
in small reputation, to the great shame of this land and by reason thereof ;
a great quantity of cloths of other strange lands be brought into this realm,
and there an high and excessive price, evidently shewing the
sold at
offence, default,and falsehood of the making of woollen cloths of this
land Our said lord the king, for the remedy of the premises, and to the
;
preferment of such labours and occupations which have been used by the
making of the said cloths, by the advice, assent, request, and authority
aforesaid, hath ordained and established certain Statutes and Ordinances in
manner and form ensuing." It is then enacted :
"First, that every whole woollen cloth, called broad cloth, which shall
be made and set to sale after the feast called St. Peter ad vincula, which
shall be in the year of our Lord m.cccc.lxv., after the full watering, rack-
ing, straining, or tenturing of the same, ready to sale, shall hold and
contain in length xxiv yards, and to every yard an inch, containing the
breadth of a man's thumb, to be measured by the crest of the same cloth,
and in breadth ij yards, or vij quarters at the least, within the lists ; and
if the said cloth be longer in measure than the said xxiv yards, and the
buyer thereof shall pay to the seller for as much as doth
inches, then the
exceed such measure of xxiv yards, according to the rate of the measure
above ordained. And it is enacted and established by the authority afore-
said, That all manner of cloths called streits, to be made and put to sale
TIIK OI.I) THAOBS
lo*fora ^ t4\|>oncr in Jkj wcrko ;

\tQ clml<n of U'njj|>c of fowrc
dleD and an halfr. shal liabiM' in wurke ))rc I'llcii to-fori' ))0
chaloun-tnakycre ; |>e dialoun of v. illcn, slml ha1)]>o in lanî-nosHo
fowrc cllen in |h' work to-forc |>e chaloun-nuikyrrr. And |>at
cucrich rimlonn oner |>re ellcn of U'ni;|H' out ofa-Hyse bo ftrfoto(l.
ariWftVVB
And |at |>e chalouna |)at oldornlyolic luiddc y-sct, so halde
her a-y8e. And jif o)>crc ohalouns bc|) y-foundo |)at nc ha1)lo|)
Îke a-syse, in was hond hij ]>e|) y-founde, be forfetcd, 5if hit
ne 80 be |)at bit nc be to sale.
alter the same feast, after the full watering, racking, straining, or tcnturing
thereof, ready to sale, shall hold and contain in length xij yards and the*
inches, according to the measure aforesaid, and in breadth one yard witliin
the lists. Also it is ordained and established by the authority aforesaid,
That every cloth called kei-sey, to be made and put to sale after the said
feast, after the full watering, racking;, straining, or tenturing of the same,
ready to sale, shall hold and contain in length xviij yards and the inches
aa is aforesaid, and in breadth one yard and a nail, or at the least one
yard, witldn the Ibts."
The Act goes on to ordain penalties against certain mixtures with the
woollen cloth ; that cloth shall be made of uniform workn'ianship, " without
difference in the weaving, fulling, knotting, or l)urling;" and that every
piece of cloth shall be sealed with a seal, showing, by its whape and make,
what is the quality and quantity of the cloth (in fact, an assay-mark).
Provision is then made for the appointment of Keepers of the cloth seals
(who are called " Aulnegers"), their duties and rewards. It is then
recited that, " "Whereas before this time, in the occupations of cloth-
making, the labourers thereof have been driven to take a great part of
their wages in pins, girdles, and other unprofitable wares, under such
price as stretcheth not to the extent of their lawful wages, and also have
delivered to them wools to be wrought by very excessive weight, which
hath driven, and driveth, men and women into discourage of such labour;"
and it is enacted, under penalties, that clothmakers shall pay tlieir
*'
any part of the said trade, lawful money for all their lawful
labourers, in
wages and payment of the same," and shall deliver wool to them according
to the due weight. On the other hand, the workmen, and especially the
fullers, are enjoined to duly perform their duty in their occupations ; like-
wise under penalties. Provision is ma<]e for the hearing and disposal, by
the local authorities of every place, of all complaints and cases arising
under these two last clauses. The whole statute is well worth careful
study. Probably it did not touch the sort of woollen goods named in the
ahove "Usages," because those Usages, kept alive under the vigilant eye of
the bailiff of Winchester, had already been found strong enough to meet
the case. As to the means and the care formerly taken for the prevention
of trade frauds, see further the General Note at the end of these Usages.
t
OF WINCHESTER. 353
Also,' no wollemonjfere,
ne no man, ne may habbe no stal in No stalls to be in
the High street at
)>e lieye-stret of Wynchestre bote he do war-fore. 'nere win.
Also,' no man ne may JJ&&r&

byefgre leber ^&
orene ne skyn fjrene in be
r
None but freemen
may buy untanned
towun, but 5if he be of fraunchyse, vppeyne to nyme jjat good to jj^^gg^jjj^'f,
^^^^
J)e ferme of ]>e town. And jjulke |jat beth in fraunchyse, by be'takeifoufo?
t'letown.*
whom hij hem mowe bygge, ne shulle hem nowt wi))-ouj?e ]>e
fraunchyse lede.
Also, no fFv'sshyere ne no pulter ne shal bygge ffysch ne pul- No fish nor poultry
shall be bought
trye for to asen selle, er bat vndren be y-ronpê. for sale before uu-
Also, none manere vytayles ]?at come]? in-to towne to selle, ne victuals brought
in for sale, shall
be nou2t out of be towne a-sen bore vn-sold, ne w^-outen leue of not be taken back
unsold without
\>e baylyues, by-for ]>e tyme J?at it be ones j-set to sale, to ]>e leave,
payne to lese ]?at good.
Also, no refjratour ne ero owt of towne for to enerosy be Regratorsand

*^ '=' o ^ J
engrossers shall be
kynges iieavUy punished.
chaffare, vpon payne for to be fourty-dayes in ])e
prysone.
Of custome of be ffysch
^ *^
is bus
^
: bat no man ne may habbe a
'
a rent of id. to be
paid to the king
bord but onleche of be r
kynge,
J t> and ech bord shal to be
r kyneês
J &
'
for every board on
which fish is
rente a ferjjynge \>e day ]?at ]>er ys ffysch open ; and jjat ne no ^ôwn for sale.
man out nyme by no manere of fraunchyse.
Also, euerych cart bat

' '' ^
comeb^
in towne, ober fysh to sale,
^ ^
what Every one shaii
pay id. to the
fysh J7at he brynge]?, of what fraunchyse ]jat he be, he shal to ]?e king for every
kynge an halpeny, as meny tyme as he cometh, for ]>* bord J)at P"ts out for sale.
stond by-fore hym.

Also, euerich cart, out of be fraunchyse, shal to be kynge by Every non-free-
man sliall ])ay. for
custome ij pans and an halpeny, what ffysh he here to sale, every cart-ioad of
fish brought in,
And euerych horse-burdene of fresh fysh

' ^
bat comeb
J J
in-to be
J
2ic/.;andfor
every horse-load
* A cross is put, in the left-hand margin, against this Usage.
f and "mono-
''Forestalling the market," "regrating," "engrossing,"
poly," are offences of the same kind and they are all of them offences at
;
Common Law, as interfering with fair and open sale and prices, and with
the freedom of trade. "That monopolies are against the ancient and
fundamental laws of the realm," says Lord Coke, " and that the mono-
polist was, in times past, and is much more now, punishable, for obtaining
and procuring of them, we will demonstrate it by reason, and prove it by
authority." (Third Institute, p. i8i.) The above Usage of Winchester
might- have been cited by Lord Coke as an illustration of his chapter
"Against Monopolists."
23

354 TIIR OLD U8AOB8
9Hmk tiA, H4,, town to lo, and l>c out of fnuiiuhysc, hIuiI to he kynce bro
hAlpcna of cuHtome. Ami of Hlmlt fyl nn ImliK'iiy.
Ami nIo, cucr)*ch cart, out nf fraumliyso, coniyngo in-to

t y-SLl of towiio wi| HAinown, shal to |>o kyngc of cuHtoinc |>re [)nnH, |>oy
** *^j ** Im) ne bniij;e hut o snwniown ; and lian h<)rsc1)cnlcnc, |>ey
JJ""^ he bryu^* but oon, twoy pans. And vp-on mannes ryggc, a
IHuy.
Pi>oia#f7 Also, cuerych hundred <f launiprons comyngc in-to towno,
* '^"'
of IUi|>
patoiiM slial fyue launii)ron8 to customc to |)0 Iniylyues of \>c town, to
here owne by-if-)>c, and non oj>cr custonie.
Also, euerj'ch sellere of horynge in I'c Icnte, slial to j)C k}Tigc

tmjtd.u
iktte(K.uida fyfc paus, and to \>c ])ayl}'ue3 a pycher wyu, of wliat frauncliysc
^""Of wtiM to
JJj'jJJ'-
jw jMit he be. And no ffysshere ne shal wete niyd water salt fyclie,
|>or jmt \>r coincj) fysche to sclle, but 3if he do to })C baylyues
werfore.
Also, }>e vsage of fleshemongeres ys swych, })at euerych fleshe-

mongere, out of fraunchyse, )>at haldej> stal, shal to \>e kynge of
I aIii'^*
jjA ymr to Um custom fyue and twenty pans by \>e êre.
Emrj uoa. Also, |>ulke bat bub out of fraunchyse, |>at haldcj), byggeth
orbqying. ôau. Get, Shcp, swyii, and a-3en sellcj) vn-shlawe, shulde to )>e kynge
fyue pans by ]>e jere of |>e custome of swyn. And to \>c clerke of
tTuifkilr ^ town, a pcny for to entre here names, ))ey he hit ne do but
torn derk for

0-lupy beest. H And alle marchauntes of Get, Shep, o)>er swyn,
SmSbteiMv* l'^^
^^^'t'* ^^t of fraunchyse, and hauntc}) j>c town, J>ey he ne come
MêooMiiiito but ones in )>e êer, so shulde }>c sclue custome.
_^__i OBCV A nut,
Bwy laker luui Also, cuerycli bakere of ]>e town jjat make|> bred to sale, shal
ymr. and i'i**io' to |>e kynge of custome ij. by ]>e jere, and to ]>e elerke of ]>e town
YtebrMdtob^ a pcny. And he sholde make whitbred, and wel y-bake, after be
Wtaadw^ .
kdkcd: and it Bale of com, and vp-on be a-syse of be march asye ])at is to
wt b* of foil
;
*i*t, ao<ier wctynge, ]>at jif \>e fer|?ingloff is in defawte of wy3te ouer twclf
MmMM coord
iHf totb* bckof
t
pans, |)e bakere is in \>e a-mercy. H And for euerych defawte
by-))>-nne \>e amountaunce of ]>re shyllynges, as vp-on ]>c quantyte

of J)e trespace. If And whanne ]>c ferj>yng-lof is in defawte of
The word " And" ia written in the margin against this Usage. The
meaning of auch a note ia not very intelligible.
t See the General Note at the end of these Usages.
'
OP WINCHESTER. 355
wy5te ouer j>re shyllynges, ê bakere shal bere ]je juwyse of

]?e town.
Als[o], euerych sullerc of bred in j>e heyêstrete of Wyncliestre, Every bread-seller
in the High Street
bat IS out 01 fraunchyse, shal to be kynge to custome, by be sere, shaii pay to the
king 2.9. a year,
twey sliullynges, and to Jê clerk a peny, 3if he sellej? meche by and to the cierk
3cre; and 5if he sullej> lasse, vp-on ]je quantite. And at o))ere IF j^^^'
a^^^cording to
stretes, sex pans o]?er \>re, oppon ]>^ handworke is. And do]) J"om'S to
5?'
to wetynge, ]>* non of hem ne sholde fecche here bred, but Jjere ^[ehed'from fhe
}/e lapen stonde]?, vp-on peyne of J)e amercy of ]>e byggere and of ^^^^^^ noffrmn an
))e sellere, to-fore ]>e tyme of none. IT And ])at non of hem ne If^^veâtS ouhl
fecche no bred of non bakere whanne hij ne mowe habbe no baker mk" puT*^^
1 f " 1 ii irii
^ rAT
warant ; and 311 hij do, ]?at hem sell hyt waranty. H And ])at
his seal
every
upon
loaf, so that
he cannot disown
euerych bakere habbe hys seal y-knowe vpon hys lofi, bat he ne it ifthe bread is
not good.*
mowe wi])-segge 5if he is of take ojjer Jjan weel.
Also, euerich brewestere of myste of towne, b* breweb to sale, Brewers being '
freemen, who
J>at hij make good ale, vp-on ]>e sale, vp-on ]>e corn, and vp-on ^rew for sale,
J>e assyse, y-êrle. And 5if he ojêr-loker do]?, be in ])e kynges

J^^-
according to
mercy, as many tyme as be baylyues hem mowe of take. do otherwise, they

' J J J J J will be amerced, t
Also no brewestere out of fraunchyse, ne may brewe w*-ynne Non-freemen must
... not brew for Siile
be power
^^ .
':J
of be Citee, to sale, but sif hi] do warfore to Ybe bay-
J
within the city
without leave of
lyues vp-on ])e quantite of here dedes. the baiiiifs.j
Also, no man out of fraunchyse, of what craft bat he be. No non-freeman

may have a booth
ne may bou])e halde, ne bygge, by-J)ynne ])e power of ])e [fpr sale of goods]
town.
Also, euerych cart (lload ofwooV) y-seld in be town, to men Every load of wool
out of fraunchyse, shal to be

r kyngfe
J o ^
of custome an halpeny.
i ^
Of a non-freeman,
' shall pay to the

.
myddel custome
*'
is bus:
i
bat oon
I
(1 stone)
\ /
of woUe M
i
comeb to i
king a halfpenny.
for one stone of
towne and be out of fraunchyse, shal to Jbe kyng-e wool brought into
freleche,'
^ o of ' ./
townbyanon-free-
* A special mark is put, in the right-hand margin, against the last

clause of this Usage, as to sealing the loaves.
+ See the General Note at the end of these Usages.
X The word "brewester" is usually stated, in glossaries, to mean a
female brewer. But it is expressly put down, in the Promptorium Parvu-
lorum, as used for either male or female brewer.
In the margin of the roll, there is put against this "Usage" a mark
thus ft^, and the words "$ queP" twice repeated; showing that the
paragraph was often cited in behalf of complainants.
356 THE UlA) l>ACiR8
emlaiiie a fcr|inpp; mul twoyo to-pMlcrc a ftr|Mn^'e; nml |>n' to-
I gedcre mi hHliH-ny ; nut! fowrr, an lial|riiy; ami fviH-. mi 1ml-
ifcir.a prny: wjJ iiexc to-jifetKre, |rc fer|>iii^' ; and Houeno, |>rc fer-
: '
înp* ; ntl ey^to, n |Kny ; of |>ilke |>t 1h'|) out of frauncliysc.
^y .
5f Ami îf jht Ik* nyne stones, t(>-;;<.Mlore o}nr sfUcraU'clic to one
Uimmdtaf mnn, oJht at one tynic, {ulke nlial to jk* kyn;; twcy pans, for to
y-witc of wiclie fraunchyse hit be |>at he hit ha|> y-hrou^t.
Off Cliese, botcre, Grece, and sniere, i in jjilkc seluc
manerc in alle i>o}nite8 as is y-seyd hy-forc of |>e Custonic of

wolle. Chese, Botere, Grece, and Smere, )>arc ]>c kyngcs wj^tc
by-ly|, shal u}ine as meche of \>q halue peyse as of \>c hole
wy^te.
I.V - n , f >, -.1. And do|> to wetyn'ê, ]>^ ech manerc good, ))are |>e wy^tc
c^mJiJuJIU hy-ly|>, |at hit be y-lad by-|)inue pe power of \>c townc to selle ;
ktvNKtit Into Uw
tamm. MMom |k^ kvnges by whas wy3te hit be y-weye, and wych fraunchyse
y it be, and whos good |)t
hit be. If And 3if |)er is eny pryuc
o|kt straunge \>ixt to jn? wy3te shal, and he hit hele oucr o uy3t,
he is in \h; kynges mercy vp-on \>c quantyte of |)at mysdede.

BbfoedBMi Also whan gaderynge shal be a-rered in |)C Citee, by ))e kynges
iivM bJ Uw com. heste, obcr for commune nedes of be towne, sexe godemen shulde
2-2* taiufkhw
^^ y-cbose by j>e commune gi-auntynge, and y-swore, jjre of \>(i
nuct^'vboiteu
f*J"''<^' ^1"^^ twenty, and |jre of \>q conjiiuine, to gadcry jjilke talagc
By the Statute of 43 Edw. III. (a.d. 1369) it is enacted, that "the

staples of wools, woolfels, and leather, of the realm of England, shall
be holden in the places under-written : that is to say, at Newcastle,
KingHtr>nupon-Hull, Saint Botulph [Boston], Yarmouth, Queenborou;;,'h,
:
Westminster, Chichester, Winchester, Exeter, and Bristol " freedom of
tra^le in wools, &c,, is guaranteed, " so that no wools, woolfels, nor
leather shall pass out of the realm of England, Ireland, nor Wales,
till they be brought to the Staples, and there weighed, cocketted, and
customed ; and that all the wools that shall be brought to the Staples
at Westminster and Winchester, shall be, l>etwixt merchant and merchant,
or merchants and other, lawftilly weighed by the standard ; and every
Back and sarpler of the same wools so weighed, sealed under the seals of
the Mayor of the Staple ;" &c., &c. This Statute,
and of the constables
arwl "
more than one of the older Usages" in the text, throw mutual light
upon each other.
t A large cross is put, in the left-hand margin, against this Usage. See
the General Note at the end of these Usages.
I
OF WINCHESTER. 357
and vnclurfonge, and trewlecbe liit spcnde and trewleche a-countes yield an account
thereof. An ac-
5elde. IFAnd whanne Mayre, o]7er baylyues, ojêr oJ>ere godemen, count must be
given to the six,
go)) out of towne, for commune profy3t vp-on jê commune porse, of moneys gather-
ed by the Mayor
so ])ey sholde, at here a-ê comynge, 3elde trewe a-counte to jjilke or others out of
town. If any one
sexe a-fore seyd, by-])Owte tary^ynge. ^ And îf eny good man of find goods for
common use, it
shall be put to his
]>e town lei]) his good to ]>e commune nede of \>e town, by j)e
score, or the goods
be returned.
hondes of ]>ese sexe y-swore by -fore y-seyd, be y-leued by skore,
oJ>er by jjilke selue y-5olde.
Also, whanne me porveyde gylde chaffare, me shal, by com- Wlien the time
comes for the great
mune a-sent, by ]>e maystres of ]>e towne, a-spyê folke be Gild-sale, men of
J)^ good name shall
couenable and of good loos, and gadere be souglit, to
|)at ry5te of chepmen.
gather tlie fees
of the merchants.
H And ])at euerych of hem habbe fowre hynen stalworthe, oj)er Four 01- more
stalworth serving-
mo, and J)elke j)* bej) y-herborwed in foure houses, as ou3te men shall be lodged
hij
in four houses. And
to be in alle tymes. H And whanne me ha]) wel trewe y-chaffared when dealings have
been done in the
in ]>e fowre bowses, hem a-sembly for to y-se
hij shulle hij ]?* four houses, there
shall be a meeting,
habbe]) a-rered, and of ])an ])at hij mowe a-rere. And 5if ])* eny to see what has
been raised, and
])ing ys mysdoun, by commune assent ])at hit be a- mended. what may still be
raised. Each
H And 3if eny hows is more wor]) ]>an an o])er, be hit y-charched house shall be
charged at its
to hys worjjy. And ]?at seluer ])* shal be a-rered of ])ilke hows worth ; and the
money raised shall
by -fore y-seyd, be y-take to sexe godemen by-fore y-seyd y-chose be paid to the six
men aforesaid,
and y-swore, for ]>e Commune assent, and treweleche wetye, and who siiallyield an
account thereof
twice a year, in
trewleche speude, and treweleche a-countes 5elde to godemen of score or in
writing."
J)e town twyês by ]>g 3ere, by skore o])er by scryt.
* Among the numberless losses which have befallen the original returns
made from the Gilds in the time of Kichard II., has been that of all the
returns from Winchester Gilds. But it is well known that an important
*'Gild of Merchants" existed in that city at the time. In "Transcripts
from the Municipal Archives of Winchester," by the late Town Clerk of
that city, for a copy of which I am indebted to the courtesy of his son. the
present Town Clerk, this "Gild of Merchants" is often mentioned, both
early and late. So late as 1705, Prince George of Denmark was made a
freeman of Winchester and "one of the Gild of Merchants" of the city.
The close connection between the Gilds and the Corporations has already
been shewn in the Introduction to this volume. It is not therefore strange
that the arrangements for the great periodical sales, or fairs, such as the
above "Usage" seems to deal with, should be found in a record of the
Usages of this city. In some places in England there were " hans-houses,"
which were probably us^d as the head-quarters of these great sales or fairs,
just as very many pari.shes used to have a so-called " Church House " for
;
TiiK r?.MiKa
858 <>i.i>
Off Qatci of ^ townc of Wynchcntrc, wimnne |>c Imylyues of
he town shuUc nymo of hem |mt Wj* out of |>o fniuucliyHo iipd
cUMtonic, shullc is Ju: pnt cuerych cart p l>iynge|) cdhi to
towne to BcUe, an litil]>cny of custonio uh ninny tymc m be

como)>, and pe horseclmrclir n fcrth}iige.
Alao, cuerj'ch cart |)^ bryngej) yrc o|>cr Ktecl, twoy pans ; nn
horse-charcho, n pony.
Abo a cart |^ bnngr|> ncwc sadclcs, to carye, by strcte o|>er
by biDoa, corden o|>er tray, shal of customc twey pans ; au borsc-
cbarcbe a peuy.
Amt^kmd al Also eucrych cnrt )>* k'de)) mylle-stoncs, f()\vi'c pans. And
cwtloaaofUaor cuerych cart \>^ ]>cret|> tyn o|>cr led to scllc, fowre pans ; and for
lad. M. : a borw-
laid.M. an horse-charche, twey jâns.
Aartkadof Also, tonnes and bartllcs ]>^ comcj) in ciirtc, sholde customc
Id,:
hklf- a pcny ; an horselode an lialpcny.
Amrtrkmdal Also, eucrych cart ]>^ berej) y-tanned Icjjcr to scllc, shal twey
U r iMliMr. for
ala.Stf.: aborM- \jxi7is]', an horse-charche, a i)eny.
kMd^M.
Aeu\'Udat Also, eucrych a cart y-lade w^ mader, jjt comcj) to scllc, twey
mmOim.formit,
K.;>homl<M<1, pans ; an horse charche a pcny.
Id.
A can-load of Also, y cart y-lade w^ wodewexen to sale, fo>vre pans ; an
woad-waxen. 4d,
bonJ(d. Id.* borsecharche, a pcny.
KWT cofdaalncr Also, cuerych soutcre ]>^ wonyej) in ])e Citee j)*- halt shoppe,
llMt DM ibop,
iball paj to the shal to \>c kynge, by customc, sex pans by |>e 3cre, and jx)^ j)C
public purposes. It seems from the above "Usage," that, in Winchester,

frur houHes were used for these great sales. It is not clear whether they
belonged to the Gild, or were hired for the time. The statement that the
Berving-men "ought, in all times," to be in the four houses, perhaps
means that the houses belonged to the Gild, and ought never to be left
empty.
The " woad-waxen" seems to be the plant genista tinctoria, or *' dyer's
green-weed," which yields a yellow dye. As to what is more commonly
"wrxid" there is a strange contradiction between the authorities.
calle<l
In Macgillivray's " Withering 's British Plants," it is stated to be the

reseda luteola, which " affords a beautiful yellow dye, and is cultivated for
that purpose ;"Loudon says that it was formerly called " glastum,"
while
anfl is the isatis tinctoria, which gives a blue dye. Both are English plants.
Junius {Etym. Anglic.) gives a definition that agrees with Loudon, and not
with British Plants :
*'^\o(\, woad Sandix, isjfitis, glastum," &c.
; Dr.
Ure, in his "Dictionary of Arts," agrees also with Loudon.
;
OF WINCHESTER. 359
clerke a peny for to enrolly liys name, jêy lie ne come but king fid. a year
and to the clerk
ones a êr. id. for registration.
And al-so, vsage of ]>e mayster dyli^cres of peyntours in ]>e The master dyers
of the painters
Citee, h^ tweyse godmen and trewe be y-chose by commune have a custom to
choose two good
assent, and y-swore to assaye be chaffare of straunj)[e
o chapmen
1
b* naen, who shaii
' ^ r X assay the goods of
comeb J
in to ibe towne to selle,' and to don trewleche Jbe assys
J to outsiders, as
between seller
\>e scllere and to ]?e byggere. ^"^ ^"y^""'
Also, euerych tannere b* halt bord in b heyestret of Wyn- Every tanner shall
pay 2s. a year for
chestre, shal, for ^c stret ]?* he for-neme]>, tvvey shullynges by ]>e a stand iir the
3ere ; and to ]?e clerk a peny in ]>e name of talage. * tiie cierk id.
Euerych sellere fo^ grece and of smere and of talvv^, shal, at Every seller of
grease, smere, and
'^ >rJoiJ>r
be feste of Estre, to be kynoê a peny, in be name of smergauel.
b
taiiow shaii, at
Easter, pay to the
king id., as
"smergavel."
1 (sic.)
Verte.
Also, euerych sowtere j?* make]) shon of newe ro])es le])er, [indorso.*^
shal bote, at ]?at feste of Estre, twey pans, in name of shongable. using new ox-
.
And bese vsaejes

11/.1
beth oi hem
j.iif.fraunchyse
b* beth of
1 f
of sowter as
leather shall
pay, at Easter,
2d., as"shon-
^
of o]?ere. gavei."
Also, ^ber is,

J 7 a seal
in be Citee a-fore Jy-seyd,
'^
commune and
The city has a
" Common Seal"
an autentyk, myd wham men seleb be chartres of ffeffement of and authentic,
^
' ' *' with which the
be town ; wheche chartres hadde Jy-be in be warde of Ibe Alder- tomi charters
' ^ i [grants] are sealed.
man Jiat hadde y-maked ];e sesynges, a 5er and a day by-])Owte î" dâiTfora*
chalangynge of eny man ; to weche selynge lat crye ])e ban Kee daA-^wam-
}>orghe >e town ]>e l>ridde day by-fore >e selynge. gSofthr^'"'^
And ])e chartres Jjat ]?us were y-preserued by }>e Aldurman by JuJ"ci,arters
fore y-seyd, jjat witnessede jjc sesynge good, and wetynge of |>e
madrgooTfo'r*'^
^"^^ *'*'^*^ ^^'*
chartre w*-])Owte chalynge y-herd, and y-saued by Jjat seal for ^'^
euere mo.
And doj) to wetynge y- euerych chartre \'^ shal be a-seled, '^'^
^ts 'ô Ifave 6d
for wax and all.
* Three inches from the top edge of the roll, at the back, and so as to
meet the eye when the roll is folded up and in its place, are written, in a
large hand, the two numerals "C C." Doubtless this was the number by
which the roll was known in some ancient inventory of the archives of
Winchester.
800 Tllk OKU IHAOKfl
Îkc ^< lOuil tk-mAy hhal. fur |>e silyiige, have box \h\\\h for wcx
anil for al.
TWMiiiaaiw And he dob to wctvn^*, |>^ \>c seul hy-forc y-st^yd hIiuI bo
*mL Tmm^Qm V-wo(<<il vmlor brc InMirdrs. Warforo twoy t;odrnirn f he fowrc
^
Tf ***
f*^ T^ and twenty y nwore, hIjoIIo kepe |h' two, and a ôdeman of j)e
SUTiThMMLa commune |k' |>ridde. II And |)ilke cofre w* Jh* |>ie lieuedeH Nlial
Ar.iMhA j^ y-8ct in a more Cofrc, y-fnatene<l w* twey lokes. Wnrfore |)i
oTaMloAMM ^^ o go<Klman of fowie and twenty shal kepc o key3C, and on of

tw9mj.4am.u^ t>c comnmnc shal kcpc ))at o))er kcy3C.
ikjroMorth*
I nf piMiliM pe onlre of pledynge })^ me pledeth in \>o C}'tec of Wynehofitrc

la(llMemtiafj
ihctyorwte. yg !y swych a-vys, \>&t eucrych luaii of jjc frauneliyse |)' is
empletl, may habhe |)re resonaMe somounecH to-forc shewyngc 3if
he hit lial)l)C wele ;

j>ere ]jat a-tachcmcnt nc by-lyth nou3t ; and
for hym-seluc may habbe as vcle.
And he do|> to wctyngo, ))at |)ulke )5re somounccs shullc })c
y-mnked by |jre dayes fulfullyd, ]>ut 3if sollen])ne fest ne dis-

tourbc lit, o|>er jjat ]>c court ne be fram day to day y-liclde, so
y J>c playntj'f to eucrjch court him profry to ))C to somaunco

procu rat ours.
And 3if a man is a-tached |)er ))at somynge by-lyth to \>e nexte
court by \>c dystrcsse del}'uercd, and he lialjbe ]>c ry3tful ro-
maunce after )>e vsage of \>c town, whanne ]>c hcstc is to don, \>c
furste somaunco on him ])e y-maked or he come to towne, 3if hit
nc be pley of lond by wryt.

And 3if a man bc-owt of frauncliysc be empleted, he nc
shal lia])])e but one somaunce ouer o n}3t, 5if he ys in towne
y-founde.
And 3if he is y-plctcd by wryt of plco of londc, so may he
habl>e, 3if he wele, ]>re folwande somauuces, as j)ilke jjat bcth in
fraunchyse.
And 3ef a man \>^ is in fraunchyse, at ))e furste somaunce, ojicr
IVglBappaaimoc*
A mark is put, in the right-hand margin, against the second clause of

this Usage, a to the coffer.s, locks, and keys.
t A croas ia put, in the right hand margin, against this Usage.
OF WINCHESTER. 361
at j)e secimde, hym shewej?, he ys y-liokle to answerye atte ]>c to first or second
, , , sunmions, must
prydcle. answer.
And whanne he shewe); wij)-oute dystresse, wei])er he be of Time for a towns-

man to plead.
fraunchyse o]>er ne be, and be of towne; so may habbe day of
towne, and ten for ten; and 3if hit be assone, o])er hit be
shewynge ys y-pleted, al ]?at play ey^te dayês for to he be
a-skaped.
And 5ef a foreyne empledy be tebynge, be tebynge ne hab bote Proceedings when
an outsider im-
))re dayes to shewynge by jje dayê of ]?e towne, ne myd o]?er pleads the tytiung.
delay es.
And whanne J?e tebynge empledeb a foreyn, be foreyn hab his when the tithing
impleads an out-
delay, of ey3te day3es in to ey5te, by-J)Owte day of towne, and siêr.*
y-preued after assoyne.

Off play of londe, jje sey5te Jiat non wyjjorawe êf he ne touche]? Pleas of land.
ry5t. And jjat commune law hym be y-entred, ]>e axere and ]?e
defendaunt, to shewe of ry5t tellyng, and in J>e defendynge, and

out nome mornynge vy^tynge and gryej) assyse ; so |)t
J?er be en-
queste y-nome by twelue godemen y-swore ry^t y-don to J>e
remenaunt.
And dob to wetynge, bat be wryt bat me pledeth in ^be Citee, Writs of novel
disseisin.
by-fore Justyces, oJ>er by -fore baylyues of ])e towne, be]) empne
wrytes of newe dysseysyne, and of alle Justyces owt-nome 3eres-
rente.
And wri3t of ry3t of dowarye, and of ri3tful party3e, and of Proceedings on
ri3t, and of axere, and J>e defendaunt may make a-torne to alle "^^^-t
manere partyes and plays, by wryt in presence of party3e. And

})* essoyne of ojêr men ne be a-lowed in none manere of play
y-cast, for jjilke y fyndej? somaunce ; and 3if he nys y-founde,
be y-cast ])C assoyne vp-on Jje fyfte somaunce o]?er nou3t a-lowy.
And so habbe fowrty dayes ; and 5if he in ]>e fourty dayes
come]) in-to towne, and he wele sewy, be a-3en somened vp-on J)e
somaunce a-fore y-seyd. And may ])anne, 3if he wele, caste a new
soyne of harme y-falle, and habbe delay ey5te day3es, so ]>\ by-
* A cross is put, in the left-hand margin, against this Usage.
f There is a special mark, in the left-hand margin, against this Usage.

;
TilB OLD U8AGB8
fiiiT nnnwrrc, nc Icpjjr iion o|>cr dclfty, but y( hit be for sworyiij^'o
of mo |virtonrre <f |lay of hmdo by rj^t.
Ami f i)loo of tletto is jnis vp-on |m' hcuod nnswcrc ;

jif }>'
J* Axkerc brynpt |
ekorc o|>or wryt, and n.skc )>e l)eryn};c y-bolc-
chfcio, no day of nnswcre be y-prmuntod l)y |>c court, w' |><>wtc
grauntyugc of J>c nskerc. but }>c defciidaund ^Taunti}>.
Who8 payc y-ninked by skorc o|>cr by scryt o|>er ly sywcto,
I (,;.) 80 |>* ho bore taylc taylc* o))cr Bcryt, to preuc hit v])-on hurc
nature, and jif he lete, sendc his advcrsary3C habbe his dcfcns
vp-on on ryjt of londe.
Also after |>e deth of cucrych halderc in ffoe, sholle \>c bay-
lafaftw-
lyues of )>e Citee seysy 8ymj)lelechc \>c tencmens of weche he
dcyd y-seysed, for to y-wyte bet wlio-so is next e}T. And at
j>e nexte E}t, and at \>c ncxte court, by \>c for-seydc tcncmcnR
y-joulde, so jif eny more next a-leggy \)^ in erthc his frcudes
day to don hem come vi)-on jje dystaunce of godes.

And 5ef he is out of londe fowrty day3cs, and 5if he at his day
come|>, habbe he shal }>* ylke stat \>^ he shulde haue y-had, 3if he
hadde be present \>e day }>at his eldere deyde. And 3if at hys
daye ne comc|>, and weue]> ri3t, habbe hys cleym vp-on J)C lawe
of londe.
TW wmm u to a And of a 3ere and o daye y-vscd in \)C Citee, do)) to wetyngc :
who-so \>^ euere lond o|>er tencmens, by fallynge ojjcr by pur-

lMUiar by de.
or parduM. chasc of whom he habbe seysync by baylj'ucs, oj)cr by ccrtcygn
borw of )>e com^Tige, a 3er and a day, by-|)Owte cleym and
chalangjTQge of eny, be J>e askere out-putte for euere, but 3if
be were with-ynne age, oj?cr out of londe, ojjcr in prisone, o))cr
)>at |)er be r}3tful party3e.

Also, vsagc of 3eer and of day a- fore y-seyd :
)>* 3if eny ]>o jjat
n}iiie}) rente of eny tenement in fraunchyse of ]>c Citee, and his

rente holleche be by-hynde, ojjcr half ojjcr more, and he ne fynde
for to dystrejTie, and he habbe housyngc and folk \v0ny3ynge
by leue of }>e bayl^-ucs of )>e town, nyme )>e dorcs and J)e fencstres.
IT And 3if myd jjan ne may hys tenement ri3t, ne o)?er dystresse
fynde, by sewte of ]>c court, and J>e sy3te of alderman of \>e
stret, and of a seriaunt, be y-set a stake on ]?e lok J)ar is \>e dore,
;
OF WINCHESTER. 363
and be y-entred in ]>c court ; and sewe fram ey^te day3es to ey^te
and J?e ]?rydde and Jjc furjje a êr and a day y-fuld of jje furste
day of sewte. And 5if J>anne non ne come]? to don \>e ri^t, lese
]?e tenaunt by-])Owte rekenerynge, wheyjjer he be of age o]>er

ne be, so nau^t jjer-fore J?*
by-fore ]>^ 5af iugement y-passed,
my5te eueremore grey doun, Wych jugement n,e be delayêd,
to )>e harme of J>e askere, and to swych sewte be y-maked to
londe y-sold wliere ]>* ]>er nys. And ]>* no man ne legge in
lond ne in tenement by-fore y-seyd, ]>e whyle ]>e suquestre ys
]?are set.
Exj^licit.
GENERAL NOTE.
These "Usages" of Winchester are now printed for the first time.
The original is an ancient Roll, of the fourteenth century, made up of
two skins of vellum sewed together. The entire Roll is five feet and
two inches and three-quarters in length, and varies in breadth from
seven and a-half inches to eight inches. The greater part of the upper
edge has been irregularly torn or cut away, and the same thing has
happened to the left-hand margin at the bottom, for a length of eight
inches. In neither case, however, has any writing been destroyed,
except that the initial letters of the nine lower lines are partially gone.
One small word is destroyed in the first paragraph, a hole having
been eaten in the Roll.
The was in a strong and fair hand ; but many parts
original writing
have become so worn and faint, through time and use, that they have
been by no means easy to decipher. The heading is written in red
ink ; and the first letter of every paragraph is also put in a large
capital red letter. There are also rubrications, after full stops in the
middle of several of the paragraphs. A wavy red line is put between

each of the first twenty paragraphs, and also between the twenty-sixth
and twenty-seventh paragraphs, but not elsewhere. The Roll is
written on both sides.

The greater part of the Roll is of general interest ; and I have given
a marginal abstract of all those parts. But the latter nineteen clauses
of the " Usages" touch upon technical matters of pleading, &c. ; and.
riih (>U> t >AtllS8
3114
Iboogh titeful to the philolof^st, ihcy can have no general interest.
I have, thcrrfore. only iwinlcd out their Hiihjert.

hare added a few notes. To do full justice tt Kuch an inlrretinf^
I
doomnent would alone reiiuire a vohimc.

[At to the exact dale when thene Usages were made, that cannot
be now atcrrtainetl. In the cases of tlie Bristol Uiu^'erH (before,
p. and of the Tettcnhall Customary, wc have the ancient

J9;j),
Onhnances preserved to us through later copies taken one after

another. In the case of Winchester, the record itself, though
ver)' ancient, points back to the still earlier "tyine of ourc eldernc,"
in which these now "olde" Usages were used, so that this, itself
written in the fourteenth century, must be a coj)y of a still older
document.
The curious picture of the inunicij)al self-government of so im-
portant a city as Winchester, j)resented by these Usages, is of the
highest interest. It not only carries us back to the early municij)al
and commercial life of the city, and its connexion with the Cjild
of Merchants (see p. 357), but shows what care our forefathers had,
among themselves, ages ago, for the matters that pertain to general
health and justice. As the study of the old laws on those subjects
helps the understanding, both of these Usages and of the Ordinances
of Worcester and of Bristol, a short summary of some of them will
not be out of place here.

From a very early lime the need for establishing some general rules,
touching the fair supply of certain necessaries of life, lias been re-
cognized in England. As Lord Coke says, "for weights and mea-
sures, there are good laws made before the Conquest;"* but without
going back so far, it is enough to begin with the Magna Charta of
John, which contains a chapter (35) declaring that there shall be
uniform measures and weights throughout the kingdom. The sub-
stance of this chapter is found in the subsequent confirmatory editions
of Magna Charta. In that confirmed in the 9th year of Henry III.,
and again in the 251!! of Edward I,, it stands as follows: "One

measure of wine shall be through our realm, and one measure of ale,
and one measure of corn, that is to say, the quarter of London ; and
one breadth of dyed cloth, russets, and haberjects, that is to say, two
yards within the lists. And it shall be of weights as it is of mea-
sures." As the prices of bread and of ale depend on that of corn, the
importance of this law was very great. A general j)rinciple was here
affirmed, other Statutes however dealt more with details, the examina-
tion of which throws much light on many of the clauses in the
Winchester Usages.
Second Institute, p. 41.

OF WINCHESTER. -305
There is a group of three Statutes, usually assigned to the date

51 Hen. III. (1266), of much interest on this subject. The first of
these, called "The Assise of Bread and Ale," begins by settling the
weight of the farthing loaf of different qualities of bread relatively to
one another, and goes on to fix a table of the relative weight of bread
to the price of corn. The first sentence of this table declares that
"when a quarter of wheat is sold for xviiic?., then wastel bread of
a farthing, white and well baked, shall weigh ivl. xs. viiic?. ;" as the
wheat increases in price, of course the farthing loaf diminishes in

weight, so that when we come to wheat at 205, the quarter, it only
weighs 6s. g^d. It is further shown what gain there will be to the
baker, "as is proved by the King's bakers."
it As to ale, it is
declared that " when a quarter of wheat is sold for 35. or 35. 4c?., and
a quarter of barley for 20c?. or 2s., and a quarter of oats for i6d.,*
then brewers in cities ought and may well afford to sell two gallons of
beer or ale for a penny, and out of cities to sell three gallons for
a penny. And when in a town three gallons are sold for a penny, out
of a town they ought and may sell four and this Assise ought to be
;
holden throughout all England." Punishments are added for not

keeping these Assises.
The second of these Statutes, "The Judgment of the Pillory," sets
forth the manner of making local inquests ; t and gives detailed articles
of inquiry to be made (among other things) as to weights and mea-
sures ; the price of wheat, and the agreement therewith of the weight
of the "wastel of a farthing" (for default in which"the baker ought
to be amerced, or toundergo judgment of the pillory, according to
the law and custom of the Court ") ; X the Assise of wine and of ale,
and the price of the latter. It is declared that upon every measure,
weight, " and also upon every loaf, the name of the owner shall be
distinctly written."
The third Statute, " Concerning Bakers, &c.," declares that " the
Assise of bread shall be kept, according as it is contained in the
writing of the Marshalsey of our lord the King, delivered unto them,
after the sale of wheat, that is to wit, the better, the worse, and the
worst. And as well wastel bread, as other of what sort soever they
be, shall be weighed, according as it is said, by the sale of the middle
* They made beer of oats in Bei-wick (see before, p. 345).

t "The Boke for a Justyce" (1541) charges the jury to inquire "of
Mayres, Bayliffes, Sheryffes of Towneshyppe, if they haue putte and done
their offyces of settyuge of the assyse of breade and ale." (Book I. p. 20 b.)
See this in active working in Worcester, after, p. 381.
X I& not this judgment the " juwyse of the town" ? See p. 355.
The "marchasye" of the Usages, before, p. 354.

TUP. OLD USAGES
" Bnty bakfr nhnll ha\*c n mark of his own for ]\'\h hrond."
llAkrni intl lirrwrm not kctpinjf iho AhuIhc are to be imnihlKd.
In "'nic Mirroiir <f JuHlirrs." written in the time of Kdward 1.,
ainon^ the articles of inquiry set forth as unnally made at tlic view of
frank plcdfê in the Hundred-court, '\h tlie followiuf? :
"Of every
biVKh of the Assise of hread, beer, wine, clothes, weights, meaKureH,

beins I)ushcl8, gaUons, ells and yards, and of all false scales, and of
thoM who iiave used them." Like incjuiries are directed to be made
by the Statute known as " The View of Frankpledge" (i8 Edw. II.).
Tlie Act 23 Kdw. III. c. C) (a.I). 1349) enforces the re.spoii.sihility
of the mayors and bailitVs of cities, boroughs, and 9ea-i)<)rts, for the
sale **of all manner of victual" (among which are bread and ale) at
" a reasonable price." This Act is confirmed and re-enforced forty
years later by the 13 Rich. II. c. 8. The Usages of Winchester
illustrate the recognition of the responsibility thus declared.
The making of horse-bread was formerly a regular jjurt of the

baker's business. The Statute 13 Rich. II. Stat. i. c. 8 (13^9) ordains
" that no hosteller make horse bread in his hostry nor without, but
bakers shall make it." The Ordinances of Worcester also aflirm the
same (after, pp. 376, 406). At Exeter the horse-loaf was to be made
of " clene benys" (before, p. 337); but the "Assise of Bread" had it
that " the lof of al maner of corn, that is to say, the horse lof, shal
wey two halfpeny white lofis." (MS. Book of Orders for Bakers, by
two Clerks of the Market. Date about 1468; quoted in Strype's
Stow's Sur\'ey, ed. 1720, bk. v. p. 341.) In Elizabeth's time the
bakers are to " sell and deliver unto innholders and victuallers in
horsebread, but three loaves for a penny, and 13 pennyworth for
12(1., every one of the same three horse loaves weighing the full
weight of a jjcnny white loaf, whether wheat be good,, cheap, or
dear." (" Book of Assise," by J. Powel, quoted in Strype, as before,
p. 33^.)
As to weights and measures and the care taken to maintain these
just, the enactments are too numerous them all here. to si)ecify
It has been seen what Magna Charta declared on the matter. In
the Statute " Concerning Bakers, &c." before mentioned, after pro-
nding for the maintenance of the imperial standard of bushels,
gallons, and yards, it is enacted that "no measure
be in any shall
town unless do agree with the King's measure, and be marked with
it
the seal of the commonalty of the town And all the measures
and yards, both great and small, shall be viewed and examined twice
in the year The standard of the bushel, gallon, and yard, and
the seals wherewith measures are to be sealed, shall be in the custody
of the Mayor and bailiffs, and of six lawful j)ersons of the same town
being sworn, before whom all measures shall be sealed.'* The Statute
OF WINCHESTER. 3G7
25 Edw. III. Stat. 10 (a.d. 1351), after reciting "the Great

V. c.
Charter that one measure shall be throughout England, which Charter

hath not been well kept and holden in this point in times past,'*
proceeds to enact " that all the measures, that is to say, bushels, half-
bushels, peck, gallon, pottle, and quart, throughout England, within
franchises and without, shall be according to the King's standard."
This Act was confirmed by an Act of 8 Hen. VI. c. 5 (a.d. 1429),
when was further ordained that a common balance, with com-
it
mon weights sealed according to the Standard of the Exchequer,

should be kept in every city, borough, and town. This appears to
have been done in Winchester (see before, p. 356).
That these enactments were not a mere form, but were carried out
in practice, is also illustrated by the following articles of inquiry to be
made by the jury of every Court Leet, quoted from " The Maner of
Kepynge a Courte Baron and a Lete" (published about 1541). "Also
of all common bakers amonge you that make vnholsom breade for
mannes body & kepe nat the assyse, ye shall do vs to wete. Also of
all brewers & tapsters that brewe and kepe nat the assyse, and sel by
cuppes, dysshes, and holies, and by measures vnsealed, ye shall do vs
to wete. Also if there be any amonge you that vsethe double mea-
sures, that is to say, a great measure to bye with, and a smaller to sell
with, or vseth false ballaunce or weyghts or yardes in deceyte of the
kynges people, do vs to wete."
It will be observed above, in speaking of the Assise of bread, and
also in the clauses of the Usages of Winchester touching the sale
of bread, that the weights made use of were pounds^ shillings, and

pence the baker is to be punished according to the amount that his
" ferthing loaf is in default of weight over twelve pence," or " over
three shillings" (see before, pp. 354, 355). Statute called "TheA
Assise of Weights and Measures " (printed as 31 Ed. I.) is worth study
in connexion ^vith this point. It begins thus :
" By consent of the
whole realm the King's measure was made, so that an English penny,
which is called the sterling, round without clipping, shall weigh
32 grains of wheat dry in the midst of the ear; 20 pence make an
ounce; and 12 ounces make a pound London, to wit, twenty shillings
of sterlings ; and eight pounds make a gallon of wine and eight ;
gallons of wine make a bushel of London ; which is the eighth part of

a Quarter." The Act gives much curious information as to the value
and worth of measures, weights, and computations then declared to be
in use.

Among others, " Item, it la to be known, that the pound of
pence, spices, confections, as of electuaries, consisteth in weight of
twenty shillings. But the pound of all other things weigheth twenty-
five shiUings. But in electuaries the ounce consisteth of twenty pence,
and the pound contains twelve ounces : but in other things the pound
'JCS TIIK l)I.I> LSA0K8
ff imt rim tSiBm ouncr: hut the ounce in cither cmc is in weight
twrnljr irnre.**
Ijj.p,..
!. in nnrirnt times as well ns modem, to
Ofcrrwit.- ^ in tlic way of trade if tJjcy could. I'icrs \

PlouKhmnn givea a \onn string of the sins of CovcIouh, and uiakes
him cuiifeM that
Wikki.lly to woye
>VaH my lirstf Irsson ;
To Wy and to W'ynchegtre
I woiitc to the f'-yru
With many manerc marchaundise.
Nc hnilde the grace of j^yle y-go
Amonges my chatfare.

My wif was a wehhe
And woUen cloth made.
She spak to spynncHteres
To spynnen it oute.

Tliia crafl my wif used.
Rose the Regrater
Was hire right name.
Slie hath lu)lden hukkerye
All hire lif tyme." (Pa.ssu8 (Juartus.)
'Hie frauds in cloth-making which Covetous here says he used,
" Till ten yerdes or twelve

lladde tolled out thrittene,"
were met by many and various Statutes, of which examples have been
given before, i)p. 351, 356.
The Acts directed against " fore-stallers of wines, victuals, wares, and
merchandises which come to the good towns within the realm by land
or water," (2 R. II. Stat. i. c. 2), engrossers, and regrators,* are nu-
merous, and were continued till comparatively recent times. The

before-named Statute of Bakers, &c. (51 Hen. III.) gives a good speci-
men of the mode who is pointed out in
of dealing \vith a forestaller,
indignant words to be "an open oppressor of poor people and of all
the commonalty, and an enemy of the whole shire and country;"
it is declared that " he that is convict thereof, the first time shall be
grievously amerced, and shall lose the thing so bought, and that
according to the custom and ordinance of the town; he that is convict
the second time shall have judgment of the pillory ; at the third time
* See before, p. 353.

OF WINCHESTER. 369
he shall be imprisoned and make fine; the fourth time he shall abjure
the town." And a principal object of the inquiries that used to be
systematically made before the administrative officers throughout the
country, was to ensure the due execution of the laws against these and
other like offences against just and fair trading (see " Ye Office of
Shyryffes," about 1530; "The Boke for a Justyce of Peace neuer so
wel and dylygently set forthe," 1541, pp. 20 a to 21 b ; Lambard's
" Eirenarcha/' 1614, pp. 349, 450, 607).
Forestalling, regrating, and engrossing seem to have been, notwith-
standing, ever-living offences, for so lately as the year 1800, the "high
price of provisions having manifestly been occasioned by forestalhng
and regrating, more than by any real scarcity," (Âris's Birmingham
Gazette, Aug. 4, 1800), the inhabitants of Birmingham were obliged to
appoint a Committee for their prevention in the town and neighbour-
hood. The Committee advertised *'
clear definitions " of the offences,
which agree almost exactly with those given by Statute 250 years
before. ("Century of Birmingham Life," vol. ii. p. loi. By J. A.
Langford, who has kindly furnished several particulars.)
L. T. S.]
24
370
IT.
THE ORDINANCES OF WORCESTER.*
(rt) The Kalendar of the Ordinances.
[In the volume itself this Kalendar comes after the Ordinances.
It will obviously l>c more convenient that it should here come
first, cont4iining as it does a summary of the contents of those
Ordinances, It will be seen that while there arc Ixxxij. Articles,
the Kalendar reaches only to Ixxix. The reason of this is, that
the three additional articles were made later, and written by a
diflferent band, as will be found explained in the General Note.]
TJie Kaleiuler of the articles and a^cis afore apecijied.
j. . . . ffirst that the articles of the yelde aforcseid be redde

and declared at the lawday, and that the charto"" be
putt in the Tresory.
ij. . . . Item, that the Baillies put in execution alle ordinauncez
'
* of the the* seid yelde and of the lawduycs.
iij. . . Item, that the chamberleyns resccyve alle maner rente/,
an other profitez of the cite. And that they be swore
to make dewe rekenynge, and tho that have keyes of

the comyn cofre make delyveraunce of hem at the
lawday.
iiij. . . Item, that the comyns may haue knowleche of bur
comyn grounde and of the circuite of thcr ffraunchese.
V. . . Item, that the Baillies make accompts of the Grenewax,
&c.
From the orij^'nal Pcconl in the archives of the city of Worcester.

For a description of the volume, and such explanations as seem necessary,
see the General Note at the end of the Articles.
THE KALENDAR OF THE ORDINANCES OF WORCESTER. 371
vj. . . Item, that euery officer accomptablc make his accomptez

w^yn a quarf^ and pay ther arrcrages vpon ther ac-
compts.
vij. . . Item, that euery man amerced in the aldermens courte
paye his amercement, peyne of xl.cl.
viij. . . Item, that the counseille of the cite appere euery quart^'
in the counseille house, to put in execucion alle such
things as ys comprised in this article.

ix. . . Item, that the Bakers make no fyne w* the Bailliez, and
that they haue assie euery saterday. And that they
bye no come tylle a certeyn houre, as ys lymitted
vnto them.
X. . . . Item, that the Bakers resceyve no corne in ther houses
on Saterdayes.
xj. . . Item, that the comyns may be serued of ale. And
that the tasto^s of ale be citezeins.
xij. . . Item, that the comyns haue the Cowle to mete ale w*.
xiij. . . Item, ]>* straung^s by no Barly tylle the Brewers be
serued.
xiiij. . . Item, ]>* women be sole marchauuts.
XV. . . Item, that the Bitters be redy when eny parylle of
fuyre ys.
xvj. . . Item, that good ouersight be hadd vpon keywoode and
collys.
xvij. . . Item, that the wolle weght be but of ij.lb. and half, and
in this article ys comprised clothemakynge and other
thynges, as it more openly apperith in the same,
xviij. . Item, that wolle comynge to the towne be solde in the

yeld halle, and custume therfore to be payde. And
that the corvesers bye ther lether in the seid yeld
halle.
xix. . . Item, that no horsez ner marys stande in the markett.

XX. . . Item, that euery man kepe his soyle clene and his
pavyment hole,
xxj. , . Item, that Bawdes, scolders, and chiders, and recetto^s

of mens children, be punysshed by the Baillies.
871 TUK hAUlNPM: OK TIIK OIl|)INANCE8
xxij. . . IUmu. that V. in;^'eunt.s ho lunld ainonjjc the crafiea ;
aiul that the ntowanlB and the c(ntril)Ut(rie8 thcr to
hchmj^ynpe make neeinuiites a trouth re(|uirt.
xxiij. . Item, that j^tKnl rewh* and pease may le hadd hytwcnc
(JentyllH of the shire and the eyt<\ at nlle dayeH.
xxiiij. . Item, that intndllcs of hestes and Mode jmtts be ehmsed
and earied awey by niglit an<l not by day.

XXV. . . Item, that thcr be ordeyned v. fVuyre hokez.
xxvj. . Item, that no chimneys of tre, ner thached houses, be

HuflVed w^yii tlie eytc, but tliat the owners makeluni
of brykc or stone.
(fc.) xxvij. . Item, (j'^^ ther be Imt xxiiij. of tlic grct a-cloth. And
that they have lyverey of a sute. i\nd who so refusitli,
to lose vj.s. A-iij.^/. ; and yf eny of tlie xlviij. disscase,
to eliesc anotlicr in hi.s stcdc, &c.
xxviij. . Item, that the wortliy men grauntc no ycfte of the comyu
pidcr wk)ut the aduise of the xlviij. comyners, &c.
xxix. . Item, that wyndowes and dores of newc made into the
yelde hallo be stopped vp agcyn.

xxx. . . Item, that no man pley at tenys or pame w*yn the yeld
halle.
xxxj. . Item, yf eny of the xxiiij. or xlviij. discouer the comyn

counseille that ys scid in the comyn house,
xxxij. . Item, that the citezeyns be redy in kej)ynge the kyngs
pease w^ the Baylly. And that they haue armor. And
yf eny of them helpe eny straungers, &c.
xxxiij. . Item, that no man resceyve lyverey ayeinst the statute.
And that no gederj^ngs or assembles be hadd. And
that no man go armed and that cuery man obey the
;
kyngez officers. And that no man yeve lyvereys, &c.

xxxiiij. Item, yf eny man make afray wtyn the cite, or drawe
his sworde or daggar, hit to be forfet. And yf he
drawe bloode, to lese vj.5. viij.d, &c.
XXXV. . Item, that no man be made citezeyn wôut he paye

xiij.5. iiij.cZ., except he be a Burgeys son or a prentise
vij. 3er.
J
OF WORCESTER. 373
xxxvj. . Item, tliat no citezen be made in secrete place, but

openly, &c.
xxxvij. Item, that ther be no Burgeys made w*yn the cite,
but that he be resiaunt w^^yn the seid cite. And yf

eny go out, &c.
xxxviij. Item, that no citezen be putte in comyn prison, but in

on of the chambo^s benethforth.
xxxix. . Item, how the seriaunts shall serue a capias &c. And
that they go not vn Cristemas day for ther offerynge.
And that no man be compelled to yeve them, &c.

xl. . . Item, that no citezein rebuke the Bailly, peyne of xx.s.
And that no man reprove the Aldermen, chamberleyns,
recordo^, &c.
xlj. . . Item, that no Burgeys foreyn be made but that he be
sworen to dwelle w^yn the cite. And that no citezein

by or sille for another man vnder colo^. And that
no citezein straunger hyre eny house w*yn the yelde
halle, &c.
xlij. . . Item, that euery citezein and burgeys w*outforth paye

alle maner cliargs as citezens do that dwelle w^-yn-
forth.
xliij. . Item, that no citezein resident havynge protection,

bynge outlawed or accursed, here eny office w^yn the
seid cite, vn peyne of forfettynge of his ffrauncliise.
xliiij. . Item, how the eleccyon of the citezens shalle be openly in

the halle, for them that shalle go to the parliament, &c.
xlv. . . Item, that no citezen sewe another in a foreyn courte
vnto the tyme he take his accyon w^ynforth, plee
of londe only except,
xlyj. . Item, that no citezen inhabitaunt w*yn the cite be

attached by his body for eny accusement or trespas, &c.
xlvij. . Item, that euery tensur be sett at resonable fyne. And
of makynge of citezens yf he be sufficiaunt.
xlviij. . Item, of men endited afore the Baillies, that they have
affurroi's. And that ij. affurr^'s be chosen in the pleyne
courte by the alderman.
S7I TlIK KALKNUAK UK TlIK ORDINAKCB8
xlix. . . lt<tM. that allt' iimiHT laborrrs thut wllc l)c li} ri'il to
wtrk*' sljiillostjiudc at tlicUniacroyBfttccrtein houreH,&c.
I. . . . Itoni, that siriauut8 Iw choHen the (hiy of clcccion.

Ami that tlioy l)C citezcns vij. 511*. Ami yf tlie liaillios
ho alifiont, to he chosen hy them tliat electc the I'uil^.
Ami m) (friccr he chosen hut that he he of good name

and fame. And tliat they were no mans lyvcrcy.
And so forth, Sec.
Ij. . . . Item, that no Satleler, boclio"^, Ijiiker, nc Glover, no none

other pcrsone, caste intrcllc, ne fylth of Ik'sts donjê,
or doust, over Severuc brugge, uc bcyonde the scid
Brugge.
lij. . . Item, that no ffyssher ])ye no ffyssh of no forcyn, com-
mynge to vitclic the cite, tyllc the comyns he serucd.
And that the straun^c ffyssher sclle it hem self. And
tliat they forstalle no fysshe hy the wey, and that the
Aldermen take no fees, ncr ther scrvaunte, and sic de
ceteris.
liij. . . Item, that the Brugge may be ouerseyn at alle tymcs

for the surcte of the cite. And that the reparacioii of
the seide Brugge be ouerlokcd by the chamberleyns
euery quarter, &c.
Hiij. . . Item, that the slippe and the keye, and the pavj'ment
ther, be ouerseyn and repared. And that thcr be
ordeyncd a water Bailly at the lawday when other
officers be chosen.
Iv. . . Item, that ffrogmylle yatc bo sufficiently made, for gretc
j)arylle that might falle to the cite. And that the
chamberleyns yeve attendaunce to the wallys of the
toAvne, and that they be repared.
Ivj. . . Item, that no man caste donge or harlotry at the slipp,
ner vpon the key. And that no man have swyne goynge
at large, or els put them awey vpon certeyn warynge.
Ivij. , . And that the Tylers of the towne compelle not straunge
tylers to serue at their rule. And that they kepc no
parliament ; and that euery tyler marke his tyle.
OF WORCESTER. 375
Iviij. . . Item, of the Towneclerkshipe, that it be occupied by a

sufficient persone and a discrete, &c.
lix. . . Item, that the attorneys of the cite be sworen, and
citezeyns, and that they vse no fals accions ; and that
they be not of clothynge outward otherwyse then the
statute wolle.
Ix. . . Item, this article telleth how enquests shuld be taken,

and the manner of pledynge. And of distringas, w^
other neccessarie things therto accordynge, &c. [And
also of persons acused how they may be tryed by xij.
men yef they will.*]

Ixj. . . Item, how the counseille of the cite shalle assemble at
the ryngyng of Seynt Andrewes Belle. And how longe
the chamberleyns shalle abyde in ther office. And also
of Bowebell rynggyng.
Ixij. . . Item, that at euery yelde fro hensforth, the actes and
articles that shalle be made shulle ij. be redde afore
the comyn counseille of the cite, &c.
Ixiij. . . Item, this article declareth how a citezen shalle be dis-

fraunchised, yf he appere not in propre persone or by
attorney, for his offence, &c.
Ixiiij. . Item, that the Bailies make levey, as welle of summes
forfet to the comyns, as of summes forfett vnto them.
And that the Bailies make fieri facias &c. And per
elegit &c.
Ixv. . . Item, that alle the articles of this present yelde be

affermed, &c.
Ixvj. . . Item, how the Bailies shullen be chosen by the Bailies
and aldermen, w^ other worshipfuUe beynge present.
Ixvij. . Item, that the seriaunts empanelle indifferently bitwene
party and party, wôut favo^, &c.
Ixviij. . Item, that no man selle ale out of his house w^ôut he
haue a sygne at his dore.
Ixix. . . Item, that no bochor occupie Cokes crafte.
* The words between brackets have been added in a later ink, though
the hand is like.
8f6 TUB OKDINANOM
\xx It'iii, thfti no citowin Ik* nttnchwl by his ]>o<ly an fugityf
tyllc the linillie hnuo wnrnyuj^c.

irffc) Ixxj. . . Item, that tlicr !>e iimlito's a8ijîie<l hitwcnc citozcins* to
here acconipta, ^c.
Ixxij. . Item, tlint no scriuunt be attorney ner colo^ the mcftnea
of attorn.
Ixxiij. . Itvni, that tlic citezeins of the old clieker & of the ncwe,
ther payment at this yelth* l)e no precedent, &c.

Ixxiiij. . Item, how the Bysshoppes tenauntis beynge citczeins
shalbe demeaned, thia article tellith,
Ixxv. . Item, that no Baker shalle bake horsbrede, kcp}iige
ostery.
Ixxvj. . Item, that no man kcpe an hostryc wôut he haue a

signe at his dore, vpou pcyne of vj.. \i\y<l.
Ixxvij. . Item, this article declarcth of accyons of dcttc, trcspas,

and detcnewe.
Ixxviij. Item, how allc maner crafts, artificers, and ther con-
tributorics, w^ ther lightcs and pagents, shalle be
ruled and demciined.
Ixxix. . Item, that no officers take cny fees of \'ittcllers for the
kyngcs borde.
(b) The Ordinances.

Tbmmvtikmntm Ordinaunccs, C(mstitucions, and Articles, made l)y the kyngcs
!*>*. conuiundement and by hole assent of the citescns inhabitantes
in the Cyte of Worcester, at their yeld marchaunt, holden the
Sonday in the festc of tlie Exaltacion of the holy crosse, the ycre
of the reigne of Kynge Edward the fourth after the conquest,
the vi^.
TtK' rtidai mm to I. flfurst it ys agrede and accorded, that alle the articles of
thys present yeld be openly redde and declared at euery lawday
next aftur the feste of Seynt Micliell the Archangelle, yf it be
desired. Also it ys ordeyned that the charf of the seid cite, w^
MrttaUM^.
^^^ ^J' ^^^G Rolle3, shullen be putt in the comyn cofor, and a
copy of them to be made in a boke restynge with the Baillies.
OF WORCESTER. 377
II. Also it ys ordeyned by this present yeld, that the Baillics " uaiuffs to putt
the Acts in e.xecu-
for the tyme beynge shulle, after hur power and duete, dayly putt cion [oripwai
SlilC 7lOty III lill6r
yn execucyon alle ordinaunces and actes made at this present iiand].
yeld, and at other yeldes precedent3, Avhich ben affermed, and at

the lawdayes before hadde and yerly to be holden w^yn the seid
cyte, wWt grete delay. And yf the seid Baillies do not hur
devo^ in executynge these seid ordenauncez and Actes, when they
ben proclamed aftur the custom of the seid cyte, or sone ther-
vppon, that then the chamberleyns of the cyte, kepers of the

articles of the yeld, yeve the seid Baillies, or on of hem, warnynge
for more hastyer remedy and executyon to be liadd of the same,
in forme aboueseid, by them and by hur auctoritie and power.

And yf the seid Baill^ do not hur devo'' according to these if they do not
their duty, after
premisses, aftur dewe warnynge, that then the seid Baillies for due warning, to
be fined.
the tyme beynge shulle forfet to the comyn treso'" xiij.s. iii^.d., as
ofte as he or they be founden in defaute by the comyn counselle

of the chambo"^. And yf the chamberleyns for the tyme beynge. The chamberlains
or oon of them, yeve no knowleche to the Baill^ in forme and the bailiffs^ to be
maner aforn reherced, aftur they ben duly warned or required

by ij. credible persones of the seid cite, that then the seid ij.
chamberleyns lese and forfett to the comyn treso^^ xiij.s. iiij.d.,
as ofte as they or oon of hem be fownde in defaute. And

yf it so be that eny bailly or chamberleyn, for the tyme beynge
present in the seid counselle house, when he or they ys founde
in dcfaut, that he or they paye his peyne so forfett or they Fines to be paid
at once, on pain
departe, m the peyne of a c.s. to the comyn treso^. of lOO*.
There shaii be a
III. Also that ther be ordeyned a stroneje o comyn cofur w^
' ./
strong box to keep
vj. keyes, to kepe yn ther tresour, oon keye therof to be delyuered *''th girkeV"'
to the high Baillye, and another to oon of the Aldermen, and the
iijJe to the chamberleyn chosyn by the grete clothynge. And
the other iij. keyes to be delyuered, oon to the chamberleyn by
the comyns chosen, and ij. other keyes to ij. thrifty comyners,
trewe, sufficiant, and feithfulle men. And the vj. men to be

chosen vppon the eleccion day, and the chamberleyns to resseyve
hur rentes and other profitez of the cyte. And they to be sworen
to make a dewe rekenynge bifore the auditor's of the citee therof,
378 TUB OHUINANCKS
whbyn A moneth nft^ Mihrliniui, or Honc tltorvi))M>n, or iiftiir the
(fcj fome of an Acto folowyngc and that ; that' lio }h foiimle in
llM ki aN le !
rrcTin> ^^ ^ P^*^ * ^'^^
coinyn cofur. And that the lUiillic3,
the ij. AKlcnncn, and the ij. Chanilorleyn8, and n lerned man w*^
hem, makjnige fcith to kepc hur counseille, Hhullen go to tlic
seid coinyn cofur w'yn luilf a ycrc next folowyn^t; ftftur tluH
present yoUl, thor to make serclie of allc manor of dedcs vndcr

the comyn se^le, grauntcd to cny pcrsonc or personea, of eny
londcs, tenements, or pareellc of grounde, in fee 8}Tiiplc, fee
tayle, tenne of life, or terme of yores ; and of ullc sucbe grauntes

a titel^Tige to be hadde in a rollc made therof. And that to be
shewed to the couuselle of the seid cite, to see yf eny avaylc

myght growe to the seid cite, by eny suche grauntes aforne
t>nne made. And the seid kepcrs of keyes to delyuerc the seid
kcycs and other thynges in ther warde to thcr successo'^s, on the
lawedayc next folowynge the daye of the seidc cleccion, in peync
of euery of them, iij.. iiij,(/.
TImTovii pro- IV. Also, that the comyns may have knowlech from ycre to
Kjrand rDisto
eoMBlwlfor yere how the comyn grounde ys occupied, and by whom, and yf
that it be not rented the comyns to seise it into bur bandes, to
that ende that they may be remembred of bur right, and to
haue profit and avayle therof. Also, that the circuite of the
fraunchcsse may be ki.owe yerly, and that botbe the chamber-
leyns have a bille therof, that they may knowc veryly what thcr
rent comyth to.
V. Also, that euery Bailly beynge for the yere, yelde accomptes
tebcac-
torymrij. of the yssues, fines, amerciaments of Grcnewax, in the kynges
courte forfet by eny citezen dwellynge w^yn tbe cyte, havyngc no

frank tenement w*out the cyte, to the comyn chamberleyns, he
to aecompte therof to the comyns, and then to putt it in the
comyn cofur, yf it may be allowed in the kynges Escheker and

yn his courtcs or els whcr. Savynge alwey duly the costes to
the seid Baillies in the Escheker, vppon hur rekenynge made or
done aboue^ the same.
AeeoanU to be VL Also tbat euery officer accomptable make bis rekenynge
afore audito''s assigned by tbe Baillies and comyns, w^'yn the
OF WOUCESTEll. 379
quarter of the yere aff that he ys out of his office, vppon the
peyne of xx.s. or more, aft^ the discression of the Bailly and
Aldermen of the seid cite. And that euery accomptaunt to the
comyn avayle of the seid cite, from hensforth vppon his ac-
comj^tes aforne the audito''s yeven, paye his arreragys at the seid and arrears to
accomptes founden dewe. And that the auditors put in execucion

alle founden in arreragis, accordynge to the statute. And also
it ys ordeyned that alle that haue ben accompteraunts here

beforn, and haue not payde the arrerages dewe of ther accomptes,
paye ther arrerages at this seid yelde, or sone thervppon, vppon
peyne of euerych of them of disfraunchesynge. Also it ys or- Four "judges,"
to sit with tlie
deyned, that at the daye of eleccyon of the Baillies, that ther be auditors, to be
chosen out of the
electe and chosen by the high eleccion, ij. worshipfuUe and dis- 24 and the 48.
Crete persones of the xxiiij., and ij. sadde and discrete persones
by the lowe election of the xlviij., to sitte w^ the audito^ in
tyme of audite as Juges, and to here the audite of euery per-

sone that ys accomptable, and that the seid auditor and iiij.
persones aforeseid be sworen vppon a Boke to here the seid

accomptes ; and to allowe euery persone alle that he ought to be
allowed, and charge them that ought to be charged.
VII. Also, that alle amerciaments of eny craftes man and Amercements
upon craftsmen
vitellers vnder the correccion of the Aldermen, and lawfully and victuallers,
founden bifore them, be arered by the Aldermens seriaunt, and

payde to the chamberleyns by bille endented, they to yeve
accompt to the comyns therof yerly j and that yf eny citezen,
craftesman, or vitteller, refuse to pay suche amercyaments vppon

them lawfully afFured, for suche offences that ben presented
aforn the seid Aldermen, that it vppon him lawfully proved,
he paye for that offence x\.d., the oon half to the Bailly and the
other half to the comyn cofur.
VIII. Also, that the actes of the yelde and of other yelds Acts of the giid to
be engi'ossed and
precedents, shullen be enacted and encrrossed in a quayer of put in a box; of
* ' o 1. J which one of tlie
parchemyn, in the same syngulerly, be^ articles to be declared; chamberlains is to
and the same quayer to be put in a boxe called a Casket, loken, * [by]
to remayne in the high Bailly Warde ; of which Casket the keye
shalle remayne w' oon of the chamberleyns, to be rcdy yf eny

980 TUB ORDlNANCia
Uwfullo desire W ImthI r inn<lr for the fk'id Imko of nrticlcfl to
TVMMiMtoto lie rctltlc or seyn. Ami of nllo the seiil articles in the Bcid hoko
Mft^^M^viiM comitriiHHl, a Kolle eiidentetl of the same to be engrossed, of tho
tcno' of the aeid iirticlos, tlu' oon pnrtic of the seid Hollo
J^**
vîteawmiM ,
- I -. \ j^, 1^, di'lvncred to the vnder I{aylly for the tvnie
Jj^J****"
"* *** for levy of summcs forfet and to hym loiii^'yn^c by the
iiul the other parte of the seid Rollc endcnted to be
dclvnieretl to the ij. chaniberleyns of the cite beynê for the

t>*iiie. And also to be called conscrvito^.s or kcjers of the
articles of this seid yelde, to that cntent that they make levey
of Bummes forfett by the same, to the vsc and profit of the seyd
coni}*naltc, dewly to be declared vpj>on ther accomptes amongo

ther other receytcs, and so to be di'lyuered to the comyn cofur.
to And yf ther be eny rcstreynt, denyinge, obstinacys, or con-

tradiccion made by eny persone or persones, that owith to payc
such sumnic forfet, that then vppon rcsonable warnyngc made

to them, they to appcrc aforn the xxiiij. juid xlviij. comyncrs of
the seid cite, chosen for good rewle of the same, that for these
causes and other shullen com and assemble togcder in cucry
quarter of the yere, ones or oftencr and it ncde, in the counscllc

house of the seid cyte. And the vnder Bailly and the forseid
chambcrleyns, kepers of the articles, to declare of alle such
per.S(>ncs that ban in eny wise offended the ordinaunces of this
* yelde. And then the parties accused to aleggc bur causes, why
thay wollen not paye suche summes, forfet by them to the seid
chaniberleyns and conseruito^s of the seid articles ; and for that
they shullen be founden gilty, to obeye, obserue, and do as such

trespaso^s, or eny of them shullen 1)C ordeyned, by the advise
and assent of the seid xxiiij. and xlviij. abouc named, and aftur
the more partie of them accorded for such eorreccion to be
made ; and he or they that this ordinaunce refuscth, to be

disfraunchised for euer, and in no wyse afterward to be amytted.
J'jonjîor And yf eny persone or persones of the xxiiij. or xlviij. that in
MMSitobewt ^^^^ ^^^^ ^^^^^ ^^^ ^^ ^^^^y ^^^ forfetted ayenst the articles of the
Mknraiitaaeon- ^^^ yelde, for which hym owyth to be amerced or punysshed,

**
vUi him.
**
^^^^ t^^cî ^c be put a parte, as for the tyme of coracnynge, by
OF WORCESTER. 381
the remenaunt of his seid fellyship, what shalle be done or

assessed for his or their correccyon that shalle be founden
defectyf, and aftur that asythed and contented, to be reconsiled
to the seid fellyshippe as they were aforen, apon his condicions
and good aberynge.
IX. Also, that Bakers make no fyne with the Bailly for ther Rcfruiation of
offenc5 of bakynge, but that they haue the punysshement of

every defaute accordynge to the Statute, and to the lawe. And
that they bye no corne vn the market day, in somer tylle xj. of
the Belle, and in Wynter tyme tylle xij. of the belle. And ]>^
the seid Bakers bye no corne ne mele in hur houses aforn the
seid owresvppon the market day. And that they regrate no Noregrating
. allowed.
corne commynge to the market, in peyne or lesynge xx.s. for
euery of the seid offences, to be payde, the half therof to the

Bayllies for the tyme beynge, and the other half to the comyn
cofre. And that the Baillies and the chamberleyns for the tyme The assize of
beynge shullen yeve warnynge to the wardeyns of the Bakers out weekly,
crafte, euery Saturday, the assie and wyght for the weke
folowynge that they shullen bake after ;
yt to be kept amonge
them, vppon peyne of euery Baker, as ofte as he ys founde in
defaut, of xl.c?., to be payde to the Baillies office for the tyme
beynge, or els to correcte them according to the statute. And
that the said wardeyns shullen wekely come to the seid Baillies for
knowleche of the seid weght and assie, and geve warnynge to euery
Maister wekely of the same, vppon peyne of euery of them xl.d,

to be payde, half to the seid Baillies and half to the comynalte.
X. Also, that no Baker resseyve no corne in to his house vnder Bakers not to take
colo^^ as his owne vppon

n'thaue -I'l
the market day, tyll be in theit
unfair advantage
of the common
folk in buying
market vnto the tyme that the howre assigned for euery comyner com.
to bye ther be past, vppon the peyne to paye vj.5. viij.cZ., the oon
half to be payde to the Baillies for the tyme beynge, and the
other half to the comyn cofer, ther to abyde for the supportacyon
of the comyn charge of the cite.
XI. Also, that the comyns may be serued alwey of ale, as it Aie to be soia
according to the
ys allowed and assessed at the lawe dayes, and as malte ys soldo -issize set at the

,
law-days.
in the market, and not sylle it at other price, in peyne of lesynge
THE OKDINANCES
of rJA viij.f/., hiUf to thr HaillicH and half to the comjnis. Ami
thai the HrvwcTs hn-we and yllc iij. j^hms of Binulu ule for j.f/.,
and to make it fyne acconlynj^ to tlic price of poml ale, vj)|on
the Bcid jx'jiie of vj.. viij.J., the on half to he payl to the Uaillies
for the tyme l>eyni;e, and the otlu-r half to the eomyn eofre. And
that thcr Ik* onh'yneil vppon the eleeeion day, ij. ule eonners of
otedMMk. sntld and discrete i)cr8one8, to sc that the ale be good and scte,
or els the Bailly to sille it aff the ale, or els to be corrected and
pUD}'8aheiI by the Baillies and aldermen ther for the tyme beynge,
aftur hur discression. And that the price of ale be sesse*! nt
euer}' lawday by the grct enquest, or by the moste party of them.

Prouided alwey \)^ the most i)artye of the grcst enquest, to the
half partye or more, be not of Brewers, but other citesrns of the
seid c}ic, by the discressyon of the Bayllics.
XII. Also that comyns have vppe aycn, as hit hath ben, the
Cowle to mete ale w*, at the costes of the Baillies for the tyme
boTijre.
motto XIII. Also that no foreyn Burgcs, nc none other, Straunger

Imy laritj or malt
~ iio-dodtin^ ne fforejTi, by no Barly ne raalte, ne none other greyne in the
r.aodlSiD
markett, tylle the comyn Brewers and malte makers, resident
and resiaunt, ben serued ;

yf the seid Brewers and maltniakers
in the somer season, wollen bye cny barly or malte, by xj. of the
belle, and yn wynter by xij. of the belle ; on pcyne of a noble

lesynge, the oon half to be payde to the Bayllies, and the other
half to the comyn treso^.
XIV. Also yf eny mans wyf becom detto^ or plegge, or by or

t to be
I, iiKto. gylle eny chaffare or vitelle, or byre eny house by hur lyf, she to
iHj of Imt
answere to hym or hur that bath cause to sue, as a woman soolc
marchaunt; and that an accion of dettc be mayntend aycnst

hur, to be conceyved aff the custom of the seid cite, wôut
nemyng hur housbond in the seid accyon.
*b* XV. Also that the Bitters be redy w^ hur horses and bittcs to
oa bcvMlack, to brjmge water vnto euery citezen, when he ys required by eny
an J Art in tfa*
***'
man or child when eny parelle of fuyre ys w^yn the cite, in peyne
of \esyuge of x\.d., to the Baillies half, and the other half to the
comyn treour.
;
OP WORCESTER,. 383
XVI. Also that better gouernaimce and rule be liackl, and wood, coals,
their measure-
and
^"'
better ouersight, vj^pon keywood, crates, and colcz, and bagges to ."^^jjV^^
mete hem w*; ; and to forfett them that ben forfetable by the
lawe.
XVII. Also that the wolle wy^ht

be but of the wy^ht

^
of The city weights
"^
for wool to be
ij.lb. and an half, and that it be made after the wyght ensealed sealed.
accordynge to the kynges standard, and that all other wightes

w*yn the cite of the seid wyghtes be ensealed accordynge to the
kynges standart, in peyne of lesynge yj.s. viij.c/., to be payde to
the Bailly, who so yn fawte ys founde. And that, where it ys whereas the pay-
ment in kind of
vsed and accustumed m.'ete o to be hadd w*yn
cloth-makynge ^
the labomei-s in cioth-
./
making, is greatly
seid cite and subbarbes of the same, and so occupied by grete to their hurt
parte of the people ther dwellynge, that is to sey by spynners,

websters, dyers, shermen, and other laborers or artificers apper-
teynynge to the same, as now late rite and practyk hath be vsedj
that to these seid artificers, by maisters and makers of cloth
they shuld none other wyse be contented or payde but in

mercery, vitelle, or by other meanes, and not in syluer, that hath
growen to grete hurte by alle the seid artificers, laborers, and of

the poure comynalte : It is ordeyned fro hensforth, by this it is
made
not to be so
against their
present yelde, that none artificers, laborer, or eny other persone îii,
of the seid cite, ayenst his assent, wylle, or agreament, be not
compelled or charged to resseyve nothynge in chaffare, but in

gold or syluer, of eny makers, chapmen, or syllers of cloth. And
he or they that presumen to doo the contrarie, as often tyme as
they be founden in defaute, to paye xx.s., the oon half to the on pain of 20*.
Bailly of the cite for the tyme beynge, and the other half to the
comyns of the seid cyte, to be put in hur comyn cofre, ther to
be kept to the profite of the seid comynalte. And that no maner work-peopie out-
side the town not
citezen,' tensur,' nor inhabitaunt w*yn the seid ''
cite, by cause of to be employed to
the hurt of the
. .
pooj" commonalty
this acte of comyn custom, put out eny wolle in hurting of the
seid cite, or in hynderynge of the pour comynalte of the same,
wher they be persones ynogh and people to the same, to dye,
carde, or spynne, weve, or cloth-walke, withyn the seid cyte, to
euery maner person or persons forein, but it be to men or

women dwellynge w*yn the seid cite or subbarbes of the same,
884 TIIP. ORDIN^NOIB
of IQch tlijjponicion na ) liifoni rchcrcotl, >'])pon pcync of f<n*fi't<r
of x\.9. hb oftontyine as they l>c fouiulcn in Ufuut thcrof, to bo
pAVilc, hiilf to the Hftillica, nnd half to tlic coinjni nbouosciil.
UHht XVIII. Alo. it y onloyiunl by this present yekle, that eucry

kMik* citoron of the seid cite or Ruliharhes of tlie Bnme, vsynp* to bye
l
wollo cnmipi' to tlie seiil eite for niakynpjo of cloth, that he
hye his woUo, and custom for the same to ])e payde ns reason
n'<|inn*th. And the seid wolle to Ik- waycd in the yelde hallo
of the seid cite by the byer and the syller, and custom for euery
iod,iii. totld. j.(/. And yf eny man do the contrarye, that he shallc payc
vj.*. viij.(/. Whereof the oon half to be payde to the Baillics
AiiiHMm and the other half to the comyn treso^. And that no wolle be
mud M^ tm Mid.
soldo in the yelde hallo, on the market day, tyll x. of the belle,
nnd that then it be lawfullc for euery citezen for to bye, and
that no straunger ther by no wolle tylle xj. of the belle, in peync
of alio and euery of them doynt^c the contrary, vj.s. viij.c/. ; the
oon lialf therof to the Baillies and the other half to the comyn
eu ma tê8o^ Also that no maner forcvn sille no lether in the seid
Cite, but it be m the yelde halle of the same, payinge for the
custom of euery dykcr, ].d. And who so doth the contrarie, to
aM.BMinn nifty payc x\.d. in forme aboueseid. Also that no corvyser by eny
hKj Inlhcr ooly
iBiiw8ad.baiL lether com}'nge to the seid cite, but in the yelde hallc, vppon
pe}Tie of xl.c/., in fonne aboueseid to be payde. Also that eucry
In straunger paye euery market day, for stondynge in the yelde-
Um^tA4mU.
halle, yd. And in the feyre tymc, ij.cZ. And that eucry citezen
for euery Saturday, for stondynge in the seid halle, payc 06., and
euery feyre tymc ].d.
XIX. Also, that no horses ne marcs be stondynge in the

MlloiteadlotlM
MHw(-ptae 00 comjTi market place on the market dayes, in peync of lesynge of
eucry horse and mare, j.cZ. ; the oon half to be payde to the
Baillies for the tyme beynge, and the other half to the comyn
treso'.
kMphbpiUhdMa
XX. Also, that euery man kcpe his soyle clone aycnst his
ad hit pkfiMMnt tenement, and his pav}'ment hole, in peync of x\.d. ; half to be
iarapair.
payde to the Bayllies, and the other half to the comyn treso^.
XXL Also, yf eny Bawdes, Resseito^s of seruants and of mens

;
OF WORCESTEU. 385
cliiklren, scolders, and chiders, be wtyn the cite, and it duly pre-
sented and founde vppon the lawday, they to be punysshed by
the Balllies of the cite aft^ hur discressyon.
XXII. Also it myght be orJeined a substancialle rule, that The five crafts*
pageants to be
V. pagentes amonge the craftes, to be holden yerly, shuld not be more strictly kept:
to seche when the[7/] shuld go to do worshippe to god and to the

cite, and to better and more certenly kept then they haue be
bifore this tyme, vppon peyn of euery crafte founde in defaute
of xl.s. j the oon half to be payd to the Baillies and the other
half to the comyn treso^. And that the stewards of euery tiie contribution
due from each
crafte that ben contributory, shullen be called to the accompte to craft to be settled
and levied
knowe the charge, so that the Stuards of euery crafte may haue
levey as for ther parte, in peyne of hym that ys founde in defaute,
iij.s. iiij.c?. ; half to the Bailly, and half to the comyn treso^.
Also that yerly, at the lawday holdyn at hokday, that the grete and the Hock-tide
lawday yearly to
enquest shalle provide and ordeyn wheber the Ipaojeant shuld go fix whether the
^ ^ J r o & pageant shall go
that yere or no. And so yerly for more surete. ^^ *ô*-
XXIII. Also, that good disposicion, rule, and ordinaunce \be\ Good order shall
>^ '
bekept in the City,
. .
hadd and contynued w*yn the seid cite,' and none evylle occasyon ^^^ between the
' *' ^
./
gentlemen of the
yeven on the partie of the seid cite. And that pease and Reste ^'?'^^ ^^^ ^^ *^
may be hadd and contynued bitwene Gentell^ of the Sliyre and

the Cite, at alle dayes. And that no lyvereis be yevyn ne
resceyved by no man w^yn the cite, contrarye to lawe and ayenst
the lawe.
XXIV. Also,' that no intraille:^ of eny
-^
manner
*
bestes,' nor no The cleansing of
blood-pits.
puttes of bloode, be claused or caryed awey on the day, but ouer
nighty in due tyme, and before vsyd. And that no blode putte
be vnclensyd ouer a day and a night, be it wyntcr or somer, on
peyne of xij.cZ., to be payde, who so may be founde in defaut, by
the serche of the Bayllies or by Inquisicion of xij. men ther in
defaut so founde, the oon half to the Baillies, and the other half
to the comyn treso^, as often and as many tymes as they be
founde in defaut.
XXV. Also, that ther be v. fuyre hokes, to drawe at euery Five fire-hooks to
be kept to help in
thynge wher paryle of fuyre ys in eny parte of the cite; and case of fire,
they to be sctte in iij. parties of the cite. And grete helpe and
25
8M THB ORDI NANCES
nti\v \tc thilt îkI (Irfi'DiIo. And the Bnino IiokcH to l>o inade Ity
ih chiiinUTlojns.
! vaOMi ckym. XXYI. AIho, thnt iu cin 111) iu'V8 of Tyiuhcr he HufTivd, no
Mi>k UiAOcbcd hiiUHi-j* w'vn the C'yte, hut tluit thj' owners do hem
laUMcMy.
WOT, ntii] mnke them ehyniyncys of Stone ir Jiryke, hy niyd-
Minier ihiy next eonnnyn;ê, and tyle the thacehcd liousea hy the
scid dny. in peyn of hâynjê of a nohle. And aff that day,
ciicry half yere a nohle tylle it he done, to he payde to the

conuni tR^sor
XXVII. Also that ther 1)C no mo of the gretc Aelotli hut
xxiiij. And that tlicy have lyuerc of a sutc every iijJo ycrc.
And which of hem refuse so to do that he siml pay, as ofte as he
refuseth, \}.8. viij.(/. ; half to the Baillies and half to the comyn
tevikj.
t^C80^ And yf eny of the seid gretc Acloth dissease, tliat then
it le lefulle to the o\>^ lyvynge, to chese other in hur stede,
sufTieiant and lawfuUe, to the grete Acloth, hy the next lawday

OBiAMaJu>cr% fohiwyngc. And he so chosen not to refuse, vj^pon peyne of
forfetture of xiij.5. iiij.c/., the oon half to he payd to the Baillies
for the tyme heynge, and the other half to the comyn cofre.
If any uf the 4H And yf cnv of the xlviij. lakke or dissease, that ther he then
putntixintn die,
nojier khaii be another choscn, of the moste sadde and sufficiant of the comyns
w^yn the cite, ])ifore the next lawday aff the seid dissease.
OBfvfimitoBfTve, And }* eny so chosen refuse, that then he forfett iij.s. iiij.t/., in
forme ahoueseid.
^lSbi^J^ XXVIII. Also that the worthy men of the seid cloth graunt
of hur owne, wôut the advise

hTimU^wiOwat ^^ ycftc of thc comyns good, but
SSieaTOOMnf* ^^ ^^ xlviij. comyners or the more parte of them ther heynge
present ; and }>* yf the case and matere happen so, [tJmt] ther he
no comjTi goodes in hande, and the necessite of the cite requirith
so grete hast that good most nedely be hadd, in eschewyngc of

more inconuenients or grete harmes that shuld folowe for suche
defaut of good, That then vj. of the xxiiij. and vj. of thc xlviij., by
Ifmoney to tj^g Baillies of the seid cite for sadd and discrete *persones of the
aatod, * ( am-
amUiuJi*TiijM ^"^^ *^ ^^ neraed and lymitted, shuUe have power, by ther dis-
crcssions, to assesse in resonable summes alle maner of per-
sones wtyn the cyte or subbarbes of the same, that oweth and
Q
OF WORCESTER. 87
ben able to paye suche a levy or gederynge as the matere and

charge shall require. And they also assessed or leyd, hold them
agreed and content of the demanynge of the seid seid^ xij. persones > {sic.)
1 *Tiiii
so assigned; and what persone that refuseth to paye, at that
as he ys assessed or leyd, shal paye
,,1
to the comyn
P17
tyme
coire xl.a.
siiaii be bouiurby
the decision of
the committee.
And it happen to be ordeyned and assented by the assente of the Every loan to bo
repaid as soon as
cite, that euery man that payeth to such a yefte or lone aboue the assessment is
levied.
specificied, shalle have repayment of suche a summe as he hath
payde, that then he be trewly contented by the Bailly w*out

any abregeament of his summe in eny wise, as sone as it may be
levyed.
XXIX. Also, yf ther be eny ^
wyndowes, dorres, or holes of
^ ' '
Thegiid-iiaiusto
^
be kept private.
newe, made in to the yeld halle, wherthorough eny persone may
se, here, or have knowlech what ys done in the seid halle, that it
be so stopped by the doers or vsers therof, vppon peyne of

xiii.s. iii^.d. ; to be payde to the Baillies, the oon half, and the
other half to the comyn treso^.
XXX. Also, that no maner persone pleye at the pame

^
or at The games of
palm and of tennis
tenys, w*yn the yeld halle of the seid cite, vppon peyne of euery ust not be
gjid-haii.
persone founde in defaute, x\.d. ; the oon half to be payde to the
Baillies of the cite for the tyme beynge, and the other half to the
comyns of the seid cite, as ofte as he ys founde in defaute.
XXXI. Also it ys ordeyned by this present yelde, that yf eny what passes at
the Common
of the xxiiii. persones of the grete Acloth discouere any maner council meetings
^ .
isnotto bemade
thynge that ys seid at ther comyn counselle in wey of counselle public.
in the counselle chambre of the seid cite, that he shalle lese as
ofte tymes as he ys founden in defaute, xiij.s. iuj.d. ; wherof the

Bayllies for the tyme beynge shalle haue the oon half, and the
comynalte the other half. Also yf eny of the xlviij. persones
chosen and named for the comyn counsell of the seid cite,
discouere eny maner thing that ys seid at hur comyn counselle

in the seid comyn counselle chambre in wey of counselle, that
he shalle lese as often tymes as he ys founden in defaut, vj.5.
viij.cZ. ; wherof the Bailly for the tyme beynge shalle haue the
oon half and the comynalte the other half,
XXXII. Also, that euery citezcn dwellynge w*yn the seid cite
388 TIIK OKDINANCKS
that IDAJ tcruc the kyngr in kop^D^c the pouHo, )<> rcdy ai
Mite
eucry grcie clrlwito. aflray, diHCi'iicion, and stryfo made w'yn the
cite, to go hol|>c and 8tri*i^ht the Hailly/ fur the tyinc heynj^c,
to so that the |Hase l>e kept w*yn the cite ; and what citizen
w'yn the cite sworn refuseth, or helpeth eiiy partie, or ycve
fuvo^ lut only to the scid liaillics of the scid cite, in helpyngc of
them, that it l>e cnquercd l)y xii. men. And yf it he founden,

by eny citozen dwellyngc w*yu tlvc cite, he to lese xx.s. ; half to
the lîillies and the other half to the comyn treso'' ; and other
straungors to make a fyne. And that euery citczen or other
w<yn the cit<; haue defeusablc wei)yn w^yn liym self, for kepynge
of the pease.
XXXIII. Also, by the kyngc it ys ordeyncd and comiiiaundcd

worm, MBMt Uw
to 1)0 straytly o])senied and kept, comniaundcments made by bin
highnes and his discrete counselle, that no man w^yn the cite or
w*out, were no lyvereys or signes of no mans yefte, of what
condicion or astate that he be, but only of the kynges ; and
that no man go armed, to here launccgayes, Gleyves, Speres,
batttobc
4MrWl. and other wepyn, in distorbjTige of the kynges pease and people.
And that no Robbers, assembles, gederynges, or compeneys, be
made in disturbaunce of the seid pease ; ne no man to com w*
fijrse of armes afoni the kynges Justices, Baillies, or eny other
ministercs in doynge ther office ; vppon peyn of lesynge of bur
anno"" and wepyn, and inprisonment of hur bodyes at the

kyngez wylle, aff the teno^ of the Statute made for suche cases.
And that alle manor of persones, of what astate, condicyon, or

fvto
degre that euer he be, < beye the kynges officers and ministercs
in doynge hur office, and occupacion, as welle for the kynge, as
for eny other persone in alle thynge lawfulle, vsages and cus-
tummz vsed and approved. And what persone doth the con-
trarye, to have inprisonement and other punysshemcnt lawfulle,
JtoMaayfthr* as the case siialle require. And that no persone of what astate,
IHariMi. cxcvpt
to
condicion, or degre he be, in eny wyse gevc or take eny
U
clothynge or lyuereys, for mayntenaunces or otherwise, but only
accordynge to the Statutes in such case made and ordeyned.
Ner that eny craftiesman, artificer, or other, dwellynge or
OF WORCESTER. 389
holdynt'e housliold, in Cites, Boroughez, market townes, or other and no craftsman

^ ^ _
may wear other
places, vsynge his crafte in eny wise, be of clothynge w* cny Hvery than his
other persone, or take vppon hym to be named man or seruant
for supportacyon or maynetenaunce with eny persone, of what

astate, degre, or condicion he be, vppon peyne of grevous and
streyte inprisonement of hys body, and to make fyne and
rannson at the kynges wille. Also that no man, of what astate, Misdoers must
not be harboured.
degre, or condicion he be, resceyve, cheryshe, holde yn housliold,
or maynteyne pillows, Robbers, dispoylers, oppresso'^s of people,

mansleers, ffelons, Outlawes, Ravysshers of wymen, vnlawfull
hunters of fforestes, Parkes, or Wareyns, opyn mysdoers, or eny
openly named or famed for such offences, tylle the trouthe be
welle knowen and tryed. And what citezen dwellynge w*^yn the He who oflfends
against those
seid cite or subbarbes of the same, ]?* offendyth in these articles articles wiii forfeit
or in eny of them above specified, that ben by the kynge and

his discrete counselle ordeyned and proclamed, and lawfulle
prove made vppon hym that he hath so offended, that then he
forfet to the kynge aft^ the seid proclamacyon and ordinaunce,
and to the citezens of the seid cite, xl.s. ; that ys to seye, the oon
half to be arered and payde to the Baillies for the tyme beynge of
the seid cite, and the other half to the comyn avayle.
XXXIV. Also it ys ordeyned by this present yelde, that yf Those making

1 /.
^ff^'ay >" the City,
eny maner citezen loreyn, or eny other persone, make eny afray found guuty by a
jury, shall be
w^yn the cite, vppon eny persone drawynge his dagger, his punished.
sworde, his knyfe, or els w* eny other maner wepyn, that he

lese to the Baillies of the cite being for the tyme, (yf suche a
persone may be founde defectyf by xij. men lawfully sworen) at
euery tyme of eny such trespas, xl.d., and his seid wepen, of
what condicion it be, to be forfet to the profite and vse of the
seid comynalte. And yf eny person by his mysrule w* eny Penalty for blood
maner wepen ayenst the kynges pease drawe eny blode of

of
eny persone wtyn the seid cite and subbarbes of the same, that
then he forfett his wepen to the vse of the comyns afornseid, as
it ys aboue reherced, and to the Baillies of the seid cite for the
tyme beynge, of such a blode shedd lawfully by xij.men founden,
vj.5. viij.c?.; and yf he be not of power to paye the summes by
;;
S90 TIIK OKDINANOBS
hym forfit, tluMi lie to Imuo ini'risoiH'incnt for his corrcocion,
nfUT the li!*cn\wion of tlie hv'u\ Uaillios. rrovile<l nlwoy tlmt it
nlmllo l>c lofiilK' to eny inlmhitaunt to correct Ms hc niuut or

Hpprrntico a<^'onlynj^ to the liiwe.
I'm. K ih 'fx.
XXXV. Also tlmt ther lo im Biirws iimde free, fro this (liiy
fi>n*anl. w't>ut that he pny to tlio comyii cofrr of the cite,
xiij.. iiij.</., except that he be a liurgeys Sou (hvellyugc w^yn
the cite, or els tlmt he have be aj)prtnticc vij. yerc in the cite
and to the Baillics hur fees y\.d., of old tymc accustumcd, and
the ij. Aldennen of the scid cite, and other officers, L\.^/. And
that no prentice haue his fredom of Burgcsshippc, but he scruo
Afjjjtt* out fulle vij. yere of prcntishode. And that eucry citezcn
desirynge or havyngc prentice w'yn the seid cite, by ternic of
vij. yeres, that ther be endcnturs made bitwen hem for the seid
terme, aa the lawe requirith, and aff the seid endentures ben
ensealed, that they brynge them aforn the Baillyz of the cite for
the tymc l)eynge ; the seid endcnturs shortly to be enrolled, and

r,ri ij.c tit.>r r thcrfore to payc v.tZ., that ys to sey to the vse of the seid
coui}Tialtc, iiij.r/., and to the Townclerk for the enrollynge, ].(l.
;
vndcr peyn of the nuiistcr of the apprentice, vj.s. viij.^Z., and also
the .seid endcnturs of cuery suchc ai)prcnticc to stonde voyde and

of none effect.
I to XXXVI. Also that no Bur^jes be made in secrete wise, but

openly, bifore sufficiaunt recorde.
wfi^Sl!^."*
XXXVII. Also that ther be no cytesen made w*yn the cite
but that he be rcsiaunt in the seid cite. If he go out of the same
cite, and other whiles resortcth ayeyn and taketh his ffrcdom of
the Burgesshippe in the cite, that then he pay taske, tallage,
knyghtenspcnce, wacches, and other charges w^yn the warde that
he comyth furst in to the seid cite by. And that yf eny citezcn
dwellynge w*yn the ffrauuchesse of ]> seid cite, or eny citezen
fforejTi dwellynge wk)ut, or in eny cymitory or londe spirituelle,
SnaMwd oStf* ^^^^^ refuseth or denyeth to pay, aftur lawfulle wamynge made to
vfflloi* tbe***^
them or eny of them, alle such payments as ben leid or assessed
g^roasHfif the
-v-ppon them for taske, tallage, or eny other charge aboueseid
that then, by the enacte of this present yelde, he or they that so

OF WORCESTER. 391
refusen be disfraunchised and not suffred to by and sille w*yn

the seid cite, but as a straunger paynge his custom therfore.
XXXVIII. Also the comyns desiren and also it ys ordeyned, that
*' *' *'
citizens are not to
be imprisoned for
no citezen be putt in comyn prisone, but in oon of the chambo^s of 5g*"n'^j^,'J,'jf
'"
the halle benethforth, wôut he be commytted to prison for felony or Joom"undeV'the

mans deth, or an heynos trespas, or els the summe of dett oix.li. ;
ei^''-'"^^'-
alwey forseyn that the Baillies make seurte sufficiaunt for the
summe of his inprisonement, and thervppon put hym in baylle.
X-XXIX. Also that no seriaunt take of eny citezen for ser- Fees to be taken
by the serjeauts.
vynge of a capias eny thynge but in maner folo\vj'nge ; and
that a seriaunt take of a fforeyn for servynge of a capias, yf the
dett be vnder vJ5. viij.d, but ij.c?. j and yf the summe excede vj.s.
viij.c?., to take for a capias but iiij.cZ. And that no seriaunt [take]
of eny citezen for servynge of a venire facias, habeas corpore, and
distringas, for alle but YJ.d. And of a foreyn for the same but
viij.c?. Also that no seriaunt take of eny citezen attached, for
his fees at his delyueraunce, but iiij.cZ. Also that no seriaunt for
the tyme beynge take eny fees of eny persone inhabitaunt w*yn
the liberte of the cite, accused or endited aforn the Baillies for
the tyme beynge. Also that no seriaunt take fore attachement
of eny goodes, at the sute of eny persone straunger, but i].d.;
and for ther fees, when the goodes be preised, but iiij.d And
for a citezein nothynge for attachement. And a seriaunt take of
no man feej, beynge present in courte, for surete of the pease
asked of hym beynge in courte, ner for none other accyon
beynge in prison, but only for the iurst attachement or arestynge
for the which he ys arested. Also yf that eny citezen or denysen
take, ayenst eny person, accion of dette, detunow, or trespas, that
no seriaunt take for the seruynge of a capias, yf the dette excede
XX.5. or the damage in accyon of trespas or detunue xl.s., but ij.cZ.
Also yf eny citezen or denezen, or eny other, take eny accyon

personelle ayenst eny other, havynge out processe of the same,
that then, yf the seid plcintif require eny seriaunt to serue the
seid processe accordynge to the lawe, that the seid seriaunt shal
do his devo^ to the executyng thcrof, in peyne of lesynge

vj.5. viij.cZ. to the comyn tresour, as ofte as he or they is or ben
;
TlIK 0IU)1NA1GI8
foundrn in ilcfjiut, in thin or in vuy cuuhc alMMUHcid, |irov('l
bcforn the liuilliea unci the counKollc in the eounsrlle chunihre.
llMiiM*B<iiw A1jk> UiAt no 8criaunt neseriiumt \*o for hur offerynge vn Cristc-
nuA day, ne gedre no fees of eny denyzen nor forcyn at other
Msonts but as ho or they wollc np-ce by their fre wylle. And
that no serittunt nor scriaunt^ compelle, constreyn, or charge, no
|>cr8on ner i>er8one8 to ycldc, or to ycvc to ther offryngc by thrctc,
or by craftc of enpanellynge, or othcnvisc, eny tljynge, in pcync
of lesjTigc vj.5. viij.r/. to the comyn trcsour, as oftc as he or thoy
l)en orys foundeu in defautc in forme aboueseid. And tliat they,
ne nen of them, take eny fees or eny other matere or cause as

oftc as it hai)pcnith of eny person, but as it hath ben vsed and
accustumed, vnder the same peyn.
HoMSMjivimki XL. Also yf eny citezen or inha])itaunt w^yn the seid cite
oaeMsoTUMcity rcbukc the Baillies for the tynie beyngc, or cfcvc them eny
tbttriuty. wordes of eny occasion, or reproofe, in cxecutjugc his office
hiwfully, that he shalle pay as oftentymc as he is founden in

defaut by the comyn counselle, xx.s. ; half to be paydc to the
Baillies and half to the comyn cofur. And that the Baillies for
the tymc beyugc have auctorite and power to inprisone them
vnto the tyme that the xx.s. be payde. And yf eny citezen or
inhabitaunt aboueseid rebuke, or yeve eny wordes of accacyon, to
the Aldermen, Chamberleyns, Recorder, or Towneclerk of the
seid cite executynge ther offices proued in forme aboueseid, that
they shal pay vj.*. viij.</. in forme aboueseid.
All- -/^t.^'. n 1.11
XLI. Also that ther be made, fro this tyme forth, no foreyn
*^*^^)- Burgcis, but he be sworen to dwelle w^yn the cite. And who
so doth }>c contrarye, that he be disfraunchised of his libertees.
And that no citezen foreyn bye ne sille other colo"" of eny other
person not citezen, in defraudynge of the kynges custom, no
maner of merchaundise, vnder peyne of disfraunchesynge
and that euery citezen forein hire no house ne chambo^ accus-
llMirirtorttM turned to be h>Ted

^
wWn
j
the yelde
j
halle, but wekely, by the
in Um
godhaii graunt of the keper of the halle and ouersight of the kepers of
the articles of the yelde, as they mowe accorde, in peyne aboue-
seid. That be he citezen or straunger that hyreth eny chambo^
;
OF WOllCESTER. 393
in that seide halle house, put no foreyn good but his owne in the
same, vppon peyne aforseid. Provided alle wyse, that yf the

citezens dwelling w^yn the churche yordes, or fFrauncliesies
aioynynge to this, the citee, be priuyleged as citezen denesyn.

Prouided also, that yf eny citezen denesyn or foreyn departe out Freedom not
forfeited by absence
of the seid cite, and resorte ayein w^yn a yere, that then he haue of less than a year,
benefice of alle libertees, and priuylages of the seid citee.
XLII. Also that euery citezen and Bursreys

^
wôutforth shal
' "^
citizens foreign
to pay the same
pay at euery taske,
* *' ' 7
visjille,
7 7^7 and
lones, yefts, alle other charges,
o as7
tî^^^' ^^-
Citizens denisen.
'^^
the citezens done that dwellyn w^ynforth, on peyne of lesyng of

bur libertees and ffrauncheys, except certeyn persones that for
ther grete worshipe and offices of attendaunce be exemted. Whos

names apperen ;
Thomas lytulton, Ser Walter Skulle, knyght,
Thomas Throkmorton, Thomas Everdon, Norman Wassheborn,
and Willyam Lygon.
XLIIL Also, that no citezen resident w*yn the cite and No citizen out-
lawed or accursed
demenaunt, havynge eny proteccyon, or beynge outlawed or shall bear office.
acursed, Uere none office w*yn this cite, on peyne of forfettynge

of his ffiâunchesse.
XLIV. Also, that euery eleccion of citezens for to come to the Members of
_^,. -
Parliament, that they be chosen openly in the

, , , ^ - 1 iiin
yelde halle,
o
oi
Parliament for the
city shaii be
,
suche as ben
, in
dwellynge w^yn
4. irv
the tirauncnes,
1 1-11
and by the moste
chosen openly in
the giid-haii
voice, accordynge to the lawe and to the statutes in suche case

ordeynd, and not priuyly. And he or thay that retorneth hem
in other wyse, lese to the
" '
comyn
^
treso^,t c.s. And that fro hens- *êy must have
certain qualitica-
forth, the citezens that shalbe chosen for the parliament, be of -ions ;
and must
Parliament.
good name and fame, not outlawed, not acombred in accyons, as
nygh as men may knowe, for worshipp of the seid cite. And
that he be of frehold yerly, at the leste, xl.5. And that the seid
persones so chosen for the parliament, that they ben att it to the
ende of the parliament, and that they be serued of hur wages They shall have
- - , . r.
their wages within
1 1
accustumed, alter hur commynge home, withyn a quarter of a three months,
yere next folowynge. And he that refuseth to pay, after he ys

assessed to the seid expensis, to lese to the comyn treso^ xx.d.
And the constable that doth not his devoJ" for the levey of the
same, to lese to the seid comyn tresour, vj.s. viij.d
1
S04 TUB 0RDINANCK8
XLV. AUt> tlmt iu citcKi-n make no Hutc nviiiHt no citexcnn
in cny c<urt w*tut ftirth, \iito the tynic that he taikc his
ccyon wynforth, for thyn;;o niutore or cause done w'yn the
scid cite or ffniiinchea of the same, yn peync of lesyngc of his
ffmunches. And that the pnrty that sucth or jnoposc to sue in
forcyn cturt, for more hastyer remedye for suche inaterc or

cause, ilo warne the lîillies.and do the party defendant wamynge,
for the most j>easal)le wey to l)e taken bitwcnc tlic seid ])artieH,
I '. tl.c
l.k. yf it may l>e ;
antl this to he done in paync afornseid. And yf
eny eitezen fforen woUe, or proposcth to, sue eny citczen denesyn
for eny materc or cause done wôutforth, that he warne the
Baillies for the tjnnc beynge, or on of luin, in pcync of lesyngc
of his ffraunches ;
pies of lond only cxce]>t.
XLVI. Also, that no citezcu or inhal>itaunt w^yn the cite
l>c attached by his body for eny accusenient or trespas, yf he

wolle com}Ti and appere at the day of the venire facias retorn-
able. And }'f he make defaut at that day, then to make out a
capias ayenst h}!!!, and then no seriaunt take no fce^ of them,
vnde'' pejTic of hym that doth the contrarye, xiij.s. \n].d. ; half
to the Baillies and half to the comyn treso^.
lob XLYII. Also, that euery Tensure be sett a rcsonable fync,

ad lob* oude aff the discression of the Aldermen, and that euery tensure that
ion
I
of
hath ben wt)Ti the cyte a yere or more dwcllynge, and hath
jiar and dxy.
sufiiciaunt to the valo'" of xl.s. or more, be warned to be made
eitezen, by resonable tyme to hym lymittcd, and yf he refuse
that, that he shalle yerly pay to the comyn cofre xl.cZ., oucr
that summe that shalle yerly pay to the Baillies or eny other
officers ; and so yerly to contynue tylle he be made eitezen.

Far Um amMing XLVIII. Also, it ys ordeyned at this present yelde, that yf eny
of s wroagful
for eitezen, tensure, or eny other persone, of what condicion that he
l>e, dwellynge w^yn the cite or subarbes of the same, [be] amercicd,
or accused of trespas, or for eny cause semblable, aforn the
Baillies, for the wLicli the seid Baillies wold take by bur ownc
wylle eny grevous fyne or amerceament of them, contrary to the
lawe or conscience ; and whcr the party dredith, or ys not of
j>ower, to travers the seid preseutcments or accusement for his
0 WOllCESTEll. 395
acquitalle j That then for euery such partie so accused or amer-

cied, by right-wysnes of the courte to avoyde alle suche extor-
cion and oppression, ^
ii.
o
affurers of good
o name and fame and also two afferors sUaii
i- i-
bg inchfterently
of sad discression in the seid open court, indifferently, sliullen amcrcenwnts^s''^
be assigned by ij. Aldermen, or oon of them, and there sworen to Jnaue^tiTe St

^**'^*
assesse and afifure alle such amerciaments vppon alle suche tres-
paso^s, as lawe and conscience requireth, wôut eny favo^ or
feyned pyte owed to eny party, but as the matere of trouth
requirith to be demeaned, and the seid parties so founden in
defaut to abyde and obeye it. And who so refuseth and doth
the contrarye of this article, to pay to the comyn treso^,
vj.s. viij.c?. as often as he ys founden in defaut, of what

condicion or degre he be.
XLIX. Also it ys ordeyned by this present yelde, that alle Labourers to stand
for hire at the
maner laborers that wolle by hyred w^yn the cyte, that they Grass-cross, at
*' *'
*' '' ' *'
5 A.M. in the sum-
stonde dayly
J J
at the Grascroys
J
on the werkedays
J w*yn
J
the seid ^^\' ^"<^ ^ "^ *^'^
winter.
cite, ther redy to alle persones suche as wolle hyi*e hem to their
certeyn labo'', for resonable summes ; in jj^ som^^ seson at v. of
the Belle in the mornynge, and in wynter seson at yj. And

that proclamacion be made at iiij. places assigned, ij. tymes
a quarter, by the Bedmon of the citee.
L. Also, that the seriaunts be made by the Baillies anone the The Bailiffs yearly
to choose the
same day of eleccyon, or they gon out of the chambre of eleccyon. serjeauts.
The seid seriaunts to fynde sufficiaunt surete, as touchy nge the
seid office, to the same Baillies so y-chosen for the yere : and
that the seid seriauntz be citezens of good name and fame, and
have be citezens vij. 5ere aforn his makynge of the seriaunt-
shippe. And yf the Baillies be absent the same day of eleccyon, if the Bailiffs are
absent, the 24 to
that then it be lawfulle to the xxiiij.
''
of errete Aclotb, that
the ciioosetwo
Serjeants for the
tyme bein^ê present,' to chese ii. sufficient men to be seriaunts,' "g'^ \ia.\\\^, and
*'
^ -^
the 48 two for the
as for the high Bailly fyndinge hym suerte as ys aboueseid. 'ow Bailiff.
And the xxiiij. Comyners that cheseth the lawe Bailly, at that
tjTue beynge present, to chese the ij. seriaunts for the lowe
Bailly, fynding hym. suerte, ut supra. And by the kynges com-
maundement late sende, that, all instaunces, requestes, or prayer
put a- parte, officers to be made of good name and fame, of
396 TUB ORDINANCBB
hiiitc to ooCQpie hur iicid office wtyn the cite, niul timt nniio
otiicr pcnkuice vikKt coIo' tf innyntrnaunro, or that iK-rith cny

RUUil Icvercy o(hon*ie then the Htatute wolh-, aiid tliat they
ben of jôotl anil honest conuersacion ; tliifi article to he kept hy
the knigca comniaundement. And yf the Baillics for the tymc
l>e\-nge, or oon of them, electe cny seriaunt contrary to the seid
Actc^ enfomied hy cny in the connselle house to the contraric
and provetl. to pay to the comyn treRo"" c.8. And yf, in tlic
absence of the seid Raillies, the xxiiij. abouc or xxiiij. hcncth

do the contraric of this Acte, that they forfet in lyke forme.
LI. Also, that no Sadder, Bocho'', Baker, ne Glover, ne none

ht lupl rlwiii nmr
other persone, caste non Intrcllc ne fylth of Bcstes donge, no
doust, over Severne brugge, ne beyond the seid Brugge in tho
streme. And also that they do not shave flesh, skynncs, or

huydes, but above the Brugge, bitwcnc the watcryngc place at
Seynt Clements yate, and the seid Severne brugge. And that
they wasshe none heare, but benethc the brugge, and that on
the ferther syde of Severne, or els bencth the Slyppc of the lode,
in pejTie of lesynge of vj.s. viij.t/., as ofte as it ys founde in
defaute by dewe enqucrry of xij. men, the oon half to the
Caillies and the other half to the comyns.
TbtMltoffiih. LIL Also, that no ffysshcr citezen by no ffysshe of no foreyn,
commjTig to vitelle the cyte, tylle the comyns be serued, yf they
wylle bye of yt. And that the straunge vittcllers sille it them
self, and none other ffysshcr, in peync of lesynge of xx.s. ; half
to the Baillies, and half to the comyti profite, it proved by xij.
I riMll ht DO men. And that they forstalle no ffys.sh by the wey, ner none
iwnniiig.
other vittelle comynge to the market of the cite, from eny
straunge contrey, or fro the see. And that ther be no fees
yeven by straungcrs to none Aldermen, Aldcrmens seriaunt,

ner to none other officers, and that ther be no citezen regrato^
of see ffysshe, ner none other fressh fysshe, as Tenches, Pykes,
and other that come to the cite, vppon peyne of xl.c^. ; to be
payde, half to the Baillies, and half to the comyn treso"". And
yf ther come eny vittelle, fTressh or salt, to the key, or eny other
place, to be solde, that the Aldermen for the tyme beynge take
OF WORCESTER. 397
ij. of the ffysshmongers, to be indifferently chosen and sworn, Two

^
over.iookers
of the fish to he
to se that alle suche vytelle be able and sete for mannvs
^ '
chosen to see that
it be fit to eat.
^
body, and yf it be found not able for to be solde, in peyn of

xiij.5. iiij.c/. of hym that so sillith the contrarye, vppon amoni-
cion yeven. And that the Aldermen put duly the seid ordi-
naunce in execucyon, in peine of aboueseid. And yf eny ffysshe-
monger, or eny other inhabitaunt w<^yn the seid cite, bye eny
suche vittelle proved not able, shalle lese xx.s. ; half to the
Baillies and half to the comyns. And yf eny such vitelle proved
able, that no vitteller bye vnto xj. of the clok, vnder the seid
peyn in forme aboueseid, and that no persone w*yn the seid cite
sille no ffysshe watrd at retayle, but he be contrubitory w* the

ffisshemonge'^s crafte, paynge accordynge hur rightfuUe ordi-
naunces, hearrynge and salt fysshe alwey except.
LIII. Also that \by] ffood aduise of the Baillies and cham-
the Maintenance and
^' "
repair of the
berleyns, the Brugge may be ouerseyn at alle tymes, and dis- bridge.
posed and purvoyd for to the vse and suerte of the cite, so that
it may be remedyed and holpen when that it ys ruyn, or in dis-

peyre, or before. And reparacyon of the seid Brugge be ouer-
seyn by the ij. Chamberleyns euery quart^ of the yere, as welle
aboue as beneth, for reparacyon of the same to be made, as the

cause shalle require, in eschewynge of grete myscheves, or ruyn
might falle the same.
LIV. Also that the keye *'
Slippes,
^ ^
and the pavyment
^
of the The quay slips to
' *' be liept in repair,
grete Slippe, be made in hast, or that it be in grete parylle of re- ^^ ^ ^^^t^r
paracion and that the water Bailly ordeined, as chosen, as of old.

', [ther he] a it hath
ben of old tyme, he to receive suche customes and profites as
ben longing the seid offices, and therof to make trewe accomptes
to the profite of the seid cite. And the seid wat^ Bailly to be
chosen at the lawday ne[a;]t after the feste of seynt michelle.
LV. Also that ffrogmylle yate be made sufficiently for grete The repair of
parylle ]?* myght falle vnto the seid cite, and to the citezens ^^^ ^^^*' ^'**^
dwellynge theryn. And the yate enterynge in to the castelle

also, by alle halowen day next commynge, for diuerse causes that
myght falle. And the keyes and the kepynofe
'' 1./& of the seid Jyates, >
the porter of
Sudbury Gate to
the Porter of Sudbury yate therof for the tyme beynge shalle ^^êp the keys
I lit. (M{lilKANCK&
be ebarged thrnv* ; ami ho ftr to kq)C it Buflicicntly, in \H^yn of
Icajngv of a nuMc ; the r>on half to the lîlliiH, and tlir dtlin-
nnif wAiio balf to the coniyn treso'. Ami that the chain])crleyn8, keiHTS
of the articlei* of the yehle, y['']vc attendauncc the wullys of the

M tobtOMitad
cite, that yf eny parte falle in riiyn, the stones therof be not
borne awey by eny persone. And yf tliey may haue notycc of

them that so done, notably to be punys.slicd and aincreyed, after
they shiild be foundo fiy\ty by trewe infctrmacion. And the

amerciameutes therof to }>e arered to tljc corny n profile. And yf
the seid chamberleyns ni;iy in eny wise, of ther cornyn receytes,
yerly to reparc the defautes of the same walles as the seid goodes
may strccche, for savcârde of tlie kynges cite. And yf eny
|)er8one*
LVI. Also, that non persone cast eny donge of eny manere
harlotre in the Slippe goynge to Sevcrnc at the lode, ner vppon
the keye, vn pe}Ti of lesyngc of xhl., as often tynic as they be
founden in defaut therof. Also that no man haue non swyne
gopige theron, on the pejni aboueseid, to be payde to the Baillies
for the tyme beynge, whcrof the oon half to the vse of the
He vlrM> may com}Ti tresoi". Also that no manor person w^yn the seid cite,
have ne suffre non swyne goynge at large, in anoysaunce or

gi'evauncc of hur ncyghburgh or eny citezcn of the same ; and
yf he avoyde hem not, or put hem in wardc, aff warning made
vnto hym by the chamberleyns, he that ys so in defaute to paye
the peyne reherced ; the oon half to the vse of the comyns, and
the other half to the vse of the Baillies. And yf he remove
them not w^yn a moneth vppon his warnynge made vnto hym
by the Baillies or kepers of the yelde, then for to foi-fett his
swyne, half to the Baillies office, and the other half of the
l>rice to the comyn treso*".
Ht"nlati'''n^ for
LVII. Also, that non Tylers called hillyers of the cite, nor
other man vf^yn the cite dwellynge, compelle ne charge ne make

no tyler straunger, comynge to the cite, to serve at his rule and
A wide blank of about three lines occurs here.

;
OF WORCESTER. 399
assigiiement, but that lie may take by the day as he and the
partie w^ whom he shalle worche may acc()ttle, and in non other
wyse. And that the Tyler of the cite sett no parliament amonge
them, to make eny of them to be as a maister, and alle other
tylers to be as his seruant and at his commaundement, but that
euerv tyler be
^
ifree to come and ffo to worche w* euery ''
man Every workman
"^
^
tiler to be free to
and citezen, frely, as they may accorde, in peyn of xx.s. and work with whom
116 llKCSa
lesynge of his ffraunches of hym thay be found in defaut, yevynge
to the Baillies and to the comyns as yt owght to be departed.

And euery tyller makynge and sillynge it into the cite, sett his Every tiier is to
set his own mark
propre marke vppon his tyle, to that ende, yf it be defectif or upon his tiie.
smalle, thatmen may have remedy of the seid partie, a[s] la we and
resonne requirith. And he that refusith to marke his tyle as it is
aforn reherced, shalle lese to the comyn tresorxx.s.,as ofte tyme
as it apperith to be areryd.
LVIII. Also that the office of Towneclerkshippe of the cite The Town cierk
from hensforth be neuer yeven to eny persone dwellynge out of

the cite, yf ther be eny w*yn able to occupie, and that at euery
avoydaunce ther be the seid office yeven to another of the same
cite, so he be a citezen and occupie it his owne persone; in
peyne of forfetting of a C.5., wôut he take licence of the Baillies

for the tyme beynge, or a resonable cause of an excuse to be
payde ; to the Baillies ther the oon half, and the other half to
the comyn profite of the seid comyns. And yf eny man of the
seid cite make or labo^ for eny other persones then for a man of
the seid cite, that then he forfett his ffraunchise. And also that his qualifications,
the office of the Tounclerkshippe of the seid cite be occup}ed by

a sufficiant and by a discrete persone, able therto, and he to
receyve and enyoie the wages accustumed of the seid office, for a wages,
yere or more yeres as it may be founden that he truly behave

hym in the same occupacyon, w* dayly attendaunce made to the and duties,
same, and not by symple and insufficient deput5 > ^^^ *^^^ ^^
engros in perchement all thynge longynge to the Baillies office,
and in his Courts holden aforn them, w*^yn a quarter of a yere
afti" mihelmas, or aft^ ther discharge ; and this to be done yerly for
ther discharge, and for lavfulle remembraunce to be left to the

400 'TIIK OKDINANCM
and oonij'nfilto, fur thcr comjni Hcrchc to l>c lindd of tlio winio,
whrn it lmlle Ikj nc^KHnrie to them, iw wcUc fur ther frchold ixa
f>r otluT Rccyon iH'twene party niul j)iirtic. Ami tliut the toun-
derk of the wMtl rite for the tynie Ix'in^'e, simile yevc no juj^c-
mcnt in the Ilnillies nnnie of the same cite for the tymc heyiij^'c,
in or \*j|Hn eny iliflTuse mntier hiforn them, w'out the mluiuc of I

the Heoimlo*" of the same cite for the tyme beynge.
LIX. Also that alle the attomers vsynge the comyn ciistome
at ilayly courts, to pleile aforn the liaillies the citezeins of the
Si'itl cite, and sworen afore the seid haillies, as longc as ben ij.
attorners or more in the seid cite, and els foreyn attorncs to

be a<lmittod and sworn in lyke wise, truly to execute ther office
as the lawe requirith wU)ut mayntcnaunce, or cham])crtye, or

conseil}-ngc thcr cliaunto'"s to vse eny fals accyons. And that the
seid attorncs be not of clothynge outward otherwise then the
Statute wylle. And yf eny persone take vppon hyni to be
attorney in the seid cite, beynge non citezcn, and contrary to
the cause above seid, that the Baillies of the cite liaue power and
auctorite to committe hym to prison,
rfuoibe LX. Also, that the Baillies from this tyme take [not] eny
_ by 12 Jui7>
oTajswiaio cnqucst for thc kyngc, but by xij. trewe just and lawfulle men
ha\'}Tige fre hold vnto the valo^" of vj.s. viij.cZ. by yer, or goodes
and catalles to the valo"" of x. marks, and by none other, and this
enquest for the kynge be take but ones in a moncth, or els that
the gretter necessitie or cause it require. And that alle suche
enque8t3 that shalle be retorned here aftur, beforn the Baillies,

bitwene party and party, as shalle happen by forme of pledynge,
in euery maner accion biforn them, as the case shalle require,
be made of trewe, just, and lawfulle men, havynge sufficient, as
the lawe wylle ; and that they appere at the distringas by pro-
cesse made ayenst tylle thc matere be fynisshed and determyned
by ther verdyte. And he that is empaneled, and wolle not
appere, and hath non goodes ne catell3 by thc which he may be
distressed, lese in yssues at the first distringas, ij.cZ. And so
from day to day tylle they appere, and alle suche issues so forfet
by defaute to be ^vritten out in stretys, vjjpon euery jurro*^
; ; ;
OF WORCESTER. 401
foiinden in defaut, half to the Baillies and the other half to the
comyn ''
profite.
'
And that the seriaunts of the seid cite shalle be Duty of tiie ser-
jeaiits enipaiiel-
sworn vppon a Boke, that they shalle empanelle apon euery imgajury.
venire facias xij. trewe and just persones, and such as ben indif-
ferent, and vppon euery venire facias they shalle retorne diuers
persones, so that the charge and apparaunce of the seid persones
may be egalle. Item, j?* the seriaunts for the tyme beynge,
vppon a distringas award in euery matere bitwene citezen and Ca&eoi distringas.
citezen, or citezen and foreyn, vppon the which xij. men ben
empanelled, shalle distresse theym by ther goodes and catallez,
yf ther be eny, and brynge it in to the court, and so contynow
wekeley vnto the tyme the matere be fynisshed, in peyn of euery
of the seriaunts that dothe the contrarie for to lese vj.s. viij.tZ.
half to the Baillies and half to the comyners. Also it ys or-

*'
Tiiree courses
'' ' shall be open to
deyned that yf eny persone be accused or endited biforn the a person accused
Baillies for the tyme beynge, and vppon that be arested or

attachid and brought biforn them, for the which they ought to
make a fyne, the seid Baillies shallen declare to them the cause
or hur inditynge, and ther vppon to make them to putt them in
a free eleccion, Whether he or they wylle make fyne resonable to agree upon a
reasonable fine ;
w* the Baillies,' or to take ii. affurro^s accordynsfe to the Acte to be amerced by

"^ "^ the afferors (see
therfore prouided,
^ or to trye
J ^
it by
J
xiio . men aftur the lawe in before, p. 395)
or to go to a jury.
suche case provided ? And yf eny suclie Baillies do the con-
trarie, to paye to the comyn treso^' xx.s., as often tymes as eny
ys founden in defaute.
LXI. Also, it ys ordeyncd by this present yelde, that alle tho The 24 and 48 to
come to the
and euerych of them, that ben or chosen of the noumbre of council House,
when they hear
xxiiij. and xlviii., and tho that shallen be chosen herafter in to the great neu of
" **
St. Andrew's ruig.
the same, shullen be redy for to come in ther propre persones to
the counselle house of the seid cite, as often as they shallen

here the grete belle of the parisshe of Seint Androwe to be
knoUed by many as diuers tymes, and aff that rongen out for
the same; and he that faylleth vppon that warnynge, wôut
a resonable cause or excuse (to be admitted by the fellishippe
aboue neamed) to forfett and paye, that ys to sey, every persone
of the xxiiij., ijs,, and euery persone of the xlviij., xijc?. : the
26
TIIK OK rl\ ANTES
401
forfci to W iMiycio. imif to the Riillios for the tynio
bfjngr, tan\ the olhir half to tho coniyn cofcr f)r the coinyn
^ .^ profits. Ami A billc of the Dames of the Hciil xxiiij. ami of tlic
SJSiMiiiiL xlviiij.. or of other in ther places, to he choHon jw it Hhalle
happen, coiitynuelly to remnyne w' the seiil chaniberleyns, kepers
of the yehl. And the sv'nX chnniherleyns to cmlurc in that oflicc
as they truly feithfully and profitnhle behave them, to the pro-

^ fite of the eid cite and coniynaltv of tlic same. Also the Bow-
belle accuutumed in the seid cite to be rongen at ix. of the belle,

itarB.
to be contynowed yerly for grete ease of the seid cite. The
iwr) Rsh clerk ther to haiie his fees acostoniod therfore.
LXII. Also, it ys provided by this present yelde, that for
asmoche at diners yeldes precedents it hath not be knowcn to
the coinyiudte of the seid cite, for no good constitucions, ordin-

aunces and articles disposetl or ordeyncd, and in dew tynie of
the seid yeld holden, radik-, and declared, for tyme folowyngc,
coniniaundeil for to be vsed and obeyed, and by this grete defaut
and hurtc growen to the seid cite ; That from hcnsforth at euery
yelde w^^n the seid cite to be holden aforne the day and fest of
the seid yeld, alle manner of constitucions, ordinaunces, and
articles, as welle made at yclds precedents, as shal be made and
concey>'ed at this seid yelde of newc to be holden, for the welfare
of the seid cite, shuUen at the laste be ij. redde aforn the comyu
oounselle of the seid cite, for ther willes, assent, and agrcment, to
be hadd in the same. And aff they have assented the iij'^'^
tyme, the ordinaunces of the seid yelde to be radde aforn allc
the citczens of the seid cite that wollen appere to the same ; and
that to l>e done the next day aft^ the first day of the seid yelde
holden. And aff that, euery Acte so redde and declared, and
by the hole comyns, or most of them as it ys aboueseid, to stonde
fcmie and stable.
LXIII. Also, it ys ordeyncd at this present yelde, that yf cny

citczein of the seid cite by^ accused by informacyon or pre-
itte).
sentment, that he shuld offende in brekynge of eny of the articles
aboueseid, for the which as it apperith by the same he owght to
be disfraunchised, that then the persones so accused at iiij.
OF WORCESTER. 403
comyn courts next folowynge, holden on diuerse mondayes aft^
the seid accusement so made, shalle be called in the yeld halle of

the seid cite to answere to the seid accusement; and yf h[e]
appere not in propre persone, ne by attorney, at eny of the seid
courts, then to be disfraunchised, and thervppon his name to be
sett vppon a table in the yeld halle called the disfraunchised Tiie "disfran.
table, to the entent that the comyns of the seid cite may have
knowlech of them that so shalbe disfraunchesid, for brekynge of
eny of the articles aboueseid. Also yf the persones so accused
appere in propre persone, or by attorny, w*out mayntenaunce and
eny vnlawfulle supportacyon at eny of the seid iiij. courts, and it
be founden by his owne knowlegge, examinacyon, or by an

enquest of xij. men, that he is gilty in brekynge in eny of the
seid articles, for the which he owth to be disfraunchised, then he
so be so disfraunchised, and the name sett vppe in forme aboue-
seid ; or els he to make a grevous fyne, after the discressyon of
the xxiiij. of the grete a-cloth and xlviiij. of the comyns, of the
most partie of them, vppon hym to be assessed and levyed.

LXIV. Also, it ys ordeyned by this present yeld, that for alle The Bailiffs siiaii
levy fines forfeit
the articles penalle,
^
ordeyned and affermed by the same, that
"^ '
to the city
^
treasure,
^
wher eny summes forfett shulde be payde by the same, as it is
expressed in the seid articles, the oon parte of the seid summe
to the Bayllies, and the other parte to the comyn treso^, and in
some articles the hole to the seid treso^, for the ease of the seid
cite ; That the Baillies of the seid cite for the tyme beynge, shal,
by ther power and auctorite, do to make as hasty levy of the

summez that shuld be forfett to the comyn treso^", as they shuld
in eny wise do, for that ys or shalbe forfet to the Baillies, to the
entent that the kepers of the Articles of the yeld may receve it,
and trewe accomptes make of the same, to the profite of the seid
cite, by seueralle of fieri facias to haue execucyon ayenst them ^y y^"* offieri
that haue forfett in the seid summez or in eny of them, for

brekynge of the seid articles, yf they have goodes and catell3
sufficient to the contentacyon of sommes so forfett ; and yf they
haue non goodes nor catelles sufficiaunt to the contentacion of the
summez so forfet, then to haue auctorite and power to make

44>4 TiiK nnniwNris
m*m mmi levy hy tcoanUle Eli*pt, to Imuc cxcciicion of thtr loiules, teiie-
mmt^ guutU, Bud rat4?lloii, <f them that ham* forfet the eciil
omm^ of roooej for brckynjjc of eny <f tlic seid ftrticles. Aiil
vf they haue non ptKnU nor cntolleH, sufTKiant to the conteiitncion

of fioiuinc* io fiirfet. thm to hnue niictorite and power to make
euermllo cainaa ad HutisfueieiKhim nyeiist them that luiuc so
forfrt the cid sommes of money, to lrynge tlicm to the yeld
halh* of the seid cite, thcr t aliidc viito the tymc they hauc
made full coiitcntacyon of the sunimes nboucscid, accordynge to
the seid articles made in this j)rcsent yclde. And yf the Caili^
do not ther devo' according to this Acto, tliat lie or they
irL fitunden in defaut by the com}ii counscUe forfett to the coniyn
treo" XX.*., as ofte as he or they be foundcn in defaut, in forme
aboucscid.
LXV. Also, the comyns of this present yeld affcmien and
cnacte allc the poyntes of this yeld, for the gi'ctc ease, pease, pro-
fitj, and tranquilite of the Cyte ; and the laste yelde made, and
at the yeld3 preccdent3, and at cuery lawday precedent, for to be
fcrme and stable, w^yn the seid cite to abide. And yf eny
citezein contrarie to the seid actes in defaut be foundcn, that
avawkii none other citezen w^yn the seid cite demenaunt, w*- hym bye
ner sille ehaffare, vn pcync of lespige of his libertc and ffraunches
for eucr more, that y-found by inquisicion of xij. trcwe men or
other wise ; this enacte so to endure by force of this present
yclde.
LXVI. ffurthermore, they that shallen be in elcccion of the
lawf Haillys shalbe chosen by the Baillies and Aldermen, w*^
other worshipfulle l>c}nige present, and suche as shalbe electe and

named, l>e of the most worshi])fulle and most of the freehold
w<yn the seid cite ; and that non seriaunt name nor entrcmct
of the seid eleccion. Ner that the seriaunt cntremet w* the
TW tarWoL* nnut clcccion of the lowc ne high eleccion of Baillies, in peyn of xx.5.
Ill ^Mli tn Ihi .
of eny seriaunt doynge the contrarie ; half to the Baillies, and

half to \fi comjrns, as ofte as he or they be founde in defaut.
iWMfaadhc And in lyke wyse the seid seriaunts empanelle no man

fik*LMii*to to be in gret inquest vn the lawe days, but it be done in
;
OP WORCESTER. 405
forme aboueseld vnder tlie seid peyne and vnder the seid
forme.
LXVII. Also, that the seriaunts, or con of them, empanelle Juries to be em.
panelled indif-
none persone bitwene party and party, but most indifferent, w*- ferentiy,
out favo^" made or male ing*} ne. And yf eny suche panelle be
otherwise retornyd, it thought by the plentife or defendaunt, that
then the plentif or defend aunt or ther attorney shalle geve the
Baillies in knowlegge, at the day of the venire facias retorne
and the seid Baillies then to do and see a trewe and feithfulle and the Bailiffs to
see that it is done.
direccion therynne, as conscience and trouth requireth ; and yf

the seid seriaunts or oon of them do the contrary, it provyd, to
pay xx.s. in forme aboueseid.
LXVIII. Also, that no person sille none ale out of his place, Every aie-seiier
must have a sign
but he haue a signe at his dorre, in peyn of vj.5. viij.cZ. ; half to at his door.
the Baillies, and the other half to the comyn treso^.
LXIX. Also that non Bocho^, ner non other persone, to his No butcher may
vse, occupie cokes crafte w*yn the liberte of the seid cite, in cook.
peyn of xiij.s. iiij.c?. j half to the Baillies, and half to the

comyns.
LXX. Also, that non citezein be attached by his body as As to citizens
fugitive.
ffugitif, vnto the tyme a citezen, or ij. citezens, of good name
and fame, and w*out male engyne, mede, or favo'', geve the
Baillies knowlegge, or on of dew forme therto
them, in
accordynge. And yf eny suche attachcment be made and done

to the contrarye, to stonde as voyde and of none effect, it duly
proved. And yf eny citezen fugitif be attached in forme aboue-
seid, the seriaunts to take ther fees onys of hym, and no more,
though it so be the seid fugitif fynd suerte to answer to the
accion comencyd ayenst hym, it proved that he be fugityf in
forme aboueseid. And yf the seriaunts of eny of them then
take eny fees, otherwise then ys aboue specified, to le[se] vj.s.viij.c?.;
half to the Baillies, and half to comyns, as ofte as he or they

be found in defaut.
LXXI. Also, that the citezeins that be named by the Baillies a debtors' court.
to her accompt^, betwene citezein and citezen in accion of debt,
aft^ the custom3 of the seid cite, that they appere in the yeld
;
406 TUB OKDINANCM
bftlk, at the lUy and boure limitUxl by tlio Hoid BiiillicH, vpun
MMiieioo to thcni ycvcn by cny soriauut, v])in)ii tlu; inyu of
x^jdl; to be payilc. half to the Baillics, and lialf to the comyiiH,
m oAe as cny dclaut mny l>e proveil in them or j. of them.

LXXII. Alao, that no scriaunt Ih^ attorney, nor colour the
mciir of attome, nor aplHTc for cny party, nor to tiikc eny
'^^ money vndcr the mcancH ()f attorne, ]>ut the ]H'rsonc8 that
aewrn to make and rdt'yne the attorney thcin self, hut yf 8o he
that cny 8trauuj;cr nuiko eny oflSccr attorne by writynge, not
fcyncd or coloretl, and that it Ikj writt<^'n and ordcynd at large

out of the acid cite. And yf eny do vnto the contnirie to lesc
yj.$. viij.t/. ; half to the Iîllies, and half to the comyus, as oftc
M cny defaut in this behalf may be founde.
LXXIII. Also, it ys ordcyned at this present yeld, how be it
cucr)' cilezein of the old cheker pay at this tymc but vij.(^Z., and
cuer}' citezein of the ncwe cheker but xiij.r/., that this shallc
not l>c take for none example, but that cuery citezein of the old
cheker shallen pay at euery yeld, here aff^ to be holde w^yn the
acid cite, ix.r/. ; and euery citezein of the ncwc cheker, xxj.ri.
AS of old tyme hath ben vsed and acustomed.

LXXIV. Also, it ys ordeynd at this present yeld, that euery
citezein and euery inhabitaunt w^yn the seid cite, or citezcins
forcj-n, Ijcynge tenaunt, sunt, or bondman, to the Bisshoppc of
^V(ircct^ take non Ix-nefice in eny accyon comenscd or to be

coinniensed ayenst h}in, before the Baillies of Worcef, by that
thouj,di he or they be the seid Bisslioppes tcnaunts, "vqipon pcync
of disfraunchesynge.
LXXV. Also, it ys ordejTied at this present yeld, that non

Baker that shalle bake eny horsbrcde, kepc eny hostre, vppon
|K.'jTic of euery tyme found in dcAiut, of Icsyngc vj.s. \u}.d.;
half to the Baillies, and half to the comyns, as oftc as he ys
found in defaut.
r-
^
**'*^-
LXXVI. Also,
non hostries wtyn the seid

it ys ordeynd, that no
cyte,
maner persone kepe
but he baue a signe at his dorre,
vpon peyn of vj.. viij.c/. ; as often tymes as he is foundcn in
defaut; half to the BaUlies, and half to the comyn treso^.
:
0 WORCESTEE. 407
LXXVIL Also, it ys orclcyned at this present yelde, that if Actions of debt

- - for sums under 20*.
eny accyon be take oi dett ayenst eny persone, oi the summe of
XX.5., or w*yn, or eny accion of detunue be taken of wôklynge

of goods and catelles to the vahi of xx.5., or w*yn, or eny accion
of trespas, thenkynge to the Bailly that it ys not worshippefulle
ner good, by informacion or oJ>r wise, that then the partie
defendaunt shal not plede in accion of dett : ren luy doit

prest deauere pur le pais. In accion of detunue : rien luy
detinet prest, &c. And in accion of trespas : de ren couper

prest, &c.j but that the court shalle suffre them to wage ther
lawe. And yf the defendaunt plede eny suche plee, contrary to
the premisses, that then he shalbe condempned in the seid
accion or accions.
LXXVIII. Also, it ys ordeynd by this present yeld, that alle The craft-giids of
the city shall
maner of Craftys w*yn the seid cite, that haue pageants, goynge maintain their
accustomed
to the worshippe of god and profite and eucrese of the seid cite, pageants,
and also alle the Craftis that ben contributory to the same, and
to the light5 of torches and tapers amonge the seid crafts, vsyd
in the seid cite, haue and enyoie ther good, feithfull, and trew
approved customes and vsages, in susteynynge ther pageants,
lightes, and other necessaries to ther craftys, of reason and
custom belongynge or apperteyninge ; the comyn weele, welfare, saving the com.
.
monweal of the
and prosperite of the seid cite, accordynge to the kyngs lawes, city.
alwey kept and forseyn. Also, that yf eny persone straunger, strang'.Ts, entering
their respective
comynge to the seid cite, beynge a craftisman of eny craft afore crafts, must pay
^
. .
the fees ordered
named, dwellynge w*yn the seid cite, beynge a freman, or by the wardens
kepynge a shoppe, happen desirynge to hold crafte as a maister both masters,
w*yn the seid cite, or subarbez of the same, at his furst entree
ther, he to comyn w* the wardeyns of the same crafte that he

desirith ther to occupie, and by them as reson and conscience
wolle, after the custom of ther crafte to be demened, as welle
for his entre as for yerly payment to ther pageants and light3 :
and in lyke wise alle jorneymen straungers comynge to the seid and journeymen.
cite, B,h^ xiiij. nyghts of his abidynge in the same, to be spoken

w*' by the wardens or kepcrs of the craft that he canne or
exercisith, and for the same to be contributorye to ther pageants
406 TBI 0RIUNANCI8
n<l Vv^m, Atid other jomemcn ( tlu* Krif notice
to |tc iiiiule to the Ilnillit-H, ami to the krixTs of the nrticles of
the yrUI, they to rcfornie wNmt nccion or rtMlrosse suchc maters
M the niatier of reon shallo require. And that cuery crnftc
hftvyiif^t* the name of |a,n'ant, sluillen fyndc oon cresset yerly

Bin. liminynj^^ to l>e bom hiforn the raillies of tlic seid cite, in the
Vigillc of the natiuite of Seynt John Piaptiste, at tlic coniyn
Wacche of the sciil cite ; and tlic wardoyns of the seid crafte,
aiul alle the hole crafte, shallcn waytc vi>pon the seid Baillies in
the seid Vij^lle, at the seid Wacche, in therbest nrraye hamesid,

%1|Kn |>e)ii of cuery man so failynge, vn-lassc then he haue a
Buflicient depute, of xl//., and often tymes as he be founden in
defaut ; the oon half to the Baillies, and the other half to the
comyn tre8o^ And that euery eraftcsman aforescid that pro-
poseth to set ^*ppe crafte w^yn the seid cite, that he paye to the
Wardeyns, Stewards, or Maister of the same, not excedynpjc
xiij./. iiij.'/. ; in peyn of thcym or hyrn of euery stuard, warden,
or maister, that doth the contraric, xl.s.; half to the Baillies,
and half to the comyns.

LXXIX. Also, that no maner vittellcr pay eny thyngc for
the occupaeion of the kynges Borde, to eny maner office^, for
ther vytelle ther to be sold, that ys to seye w^yn the seid cite.
LXXX.* Also, hit ys ordeyned by the seid yeld, and by the

aascut and concent of the xxiiij. and xlviij. of the comyn coun-
8cllc of the cite of WjTcetf, beyng in the counsellc cliambur of
the seyd cite, that none of the seyd xxiiij. nor xlviij. beyng in
the seyd chambur, for the comyn wele of the seyd cite and the
inhabitauntes of the same, yeuc eny wordcs of occasion or rc-
proofc to other wythjn the seyde chambur, wherby the kynges
pes l>e dysturWd or \f^ corecction y lettid, and that yn peyn to
h}Tn that so ofTendyth, xl.s., the seyd offence founde by the hole
chambur or by the more parte of the same ; halfc to be payed to
the Bayllyfes for the tyme Ixjyng, and halfe to the comyns of the
eyd cite.
Thifl article, and all that follow, are written in a different hand and ink.
OF WORCESTER. 409
liXXXI. Also, hit ys ordeyned by the assent and concent of Serjeants and con-
ben vsud
"^
att
'J
the sevd counselle &c., that by cause afore thys
some seasones
J tyme
J hit hath
of wylfulnes to chose for to be

stables are not to
be ciiosen from
among
^8.
tUe 24 or
seriantes of the citee and constables w*^yn the seyde cite, per-
sones of worshippe, to the dyshono^ of them and the seyde cite,
that yn tyme come, none be electe nor chose to the seyd

office^, that be of the numbur of xxiiij. and xlviij., and yf eny be
elected contrarye to this ordenaunce, that suche eleccion stonde
as voyde, and the grett enquest for the tyme beyng to procede
to a new eleccion, yn forme aboue rehersud.

LXXXII. Also, hit ys ordeyned by the assent and concent of The Bailiffs to be
chosen from the
the seyd counselle, &c., that none be chose yn tyme to come to 24.
the office of Bayllywyke of the seyde cite, but suche as be of the

xxiiijt for the gret clothe. Provyded that ther be xxiiij. yn
numbre the day of the eleccion. And yf hit so fortune ther be
nott xxiiij. yn numbre, that then he that ys to be chosen, yf he
be nott of the grett clothe, that att the leste he be on of the
numbre of the xlviij. ; and that none be chose to be of the xxiiij.
but suche a persone as ys of the numbre of the xlviij.; and yf

eny Bayllyf be electe and chose w*yn the cite, contrarie to the
forme above rehersud, that then that eleccion stonde as voyde,

and Jje elector's to go to a new eleccioun.
GENERAL NOTE.
These now printed as a whole for
Ordinances of Worcester are
the first time. A
few small extracts only are in the Appendix, No. 14, to
Green's History of Worcester, the body of Ordinances given by him
being of a later date (Henry VH.), (see next page).
Besides the two volumes of " Orders " of the Gild of Joiners and
Carpenters (see before, p. 208), the Corporation of Worcester possess
two highly interesting volumes of the ancient records of their city. The
first of these, whence the above Ordinances are taken, and the hand-
writing of which is contemporary with its contents, is a small folio

volume in a plain strong modern binding, lettered at the back " Or-
dinances, Edward IV." containing fifty-four leaves of parchment, for
^JQ THE tUlPl.NANTKS
UmommI BBTt ckaarly wnllcn on htUh nulvn, with a bmnd ruled mnrîn.
TIm book b cotnpoted of ix " qunycm of pnnhrmyn" (sec Inforc.
apoo ibo flret three of which, in n clear nnd reiûlar hnnd, tliesc
p. \79),
OftluMBen an written. Tin- ArtulcH LXXX., LXXXI., LXXXII.
ppr to hare been added later, the style of ImndwrilinK and the KiK-llin^
diftr fnm ihoeo of (he f . nnd they are not inehided in the
**of the Article.'' : illows (see before, p. 370). On the
left 00 the pA|!e l)elween the last of these and the Kalcndar have
bcro ioecrted six other Articles. the first only of which is in Knj^lish,
the ret being in Latin, written in a close and crabbed hand ; thebe,
ffloting chiefly to trade, was not thought necessary to give here.

it
T\w volume however contains, besides the Ordinances now printed,

which were made in the time of Edward IV. (1467), a body of " Ordi-
nances, ctmstitucions, & Articles " made by the citizens in the twelfth
Henry VII, (1497). The old laws were evidently then "oiJcnly
yc.ir of
rrdde and declared " (see before, p. 376), and amendments made where
found necessar)- for these Articles are the same in substance with
;
those of Edward IV., but their arrangement is diiTerent, and various

addilions and tran8|>ositions have been made. Though some of the
Articles are fuller, there are not so many as in the earlier body, their
number reaching only to thirty-eight, both actually and in the Kulcndar

of their contents, which, as in the first instance, follows them.
The next leaf illustrates the old mode of taxation in England ; it
contains tables showing the sum due from Worcester for tenths and
fifteenths, and the projjortions to 1)6 paid by each ward within the city,
at two [leriods ; the first being what was gathered " olim in Wigorn,"
the second "tem|K)re II. sexti." Below these are some fees to city
officers. Tliis page seems to have been written out at the same time,
and is si|êd with the same name, as the Ordinances of Henry VII.
Next follow transcripts of several of the old city charters, probably
ome of those ordered by Article I. (see before, p. 376), beginning
frith that of EdgEir, a.d. 964, headed by a curious short historical pre-
face, in which the ancient scribe tells us that Worcester was founded
bjr Wolfhere, King of Mercia, in a.d. 679. The volume is closed by
a carious table of " wages and fees " to the Town-Clerk, and a minute
description of the perambulation of the city (the value of which is seen
in Article IV., p. 378), made, "as in tymes passid," on 12th April,
1 497. This "perambulation " is printed by Green, Appendix, No. 15.
'ITie other volume is of a much later date, and appears to be formed
of two books which have been bound up together by a modern hand it ;
is lettered at the back '*

Liber Leyum." As has been seen, the volume
jut described is the true LiU-r Ler/wn,
the book of ancient laws of the
city; the second volume however possesses an independent interest of
its own, for it not only brings down the history of the local bye-laws,
OF WOECESTEll.
but it shows the actual working of an important English institution,

now forgotten. It contains the records of the Courts Leet, or Views of
Frankpledge, held in the Gild-hall of Worcester, from 1624 to 1710,
atwhich the laws of the city were perused, amended, and confirmed ;
the grand jury-men being frequently pointed out as " The Law-
makers." The Leet itself is, in both volumes, often called the " Law-
day;" while another proof of the close relations between the muni-
cipal body of the city and the Gild, is given by the fact that it is, as
often, spoken of as the "yeld" or even "yeld-marchant" (see before,
PP' 376, 377, 385). At the beginning of the volume, and again at the
beginning of the second book, are recited and confirmed a body of
laws ; for, says the preamble thereto, " the particular lawes and consti-
tucions of and Corporacions are said to bee the very sinewes
all Cytties
and strength of the same, and that noe persons comonly proue more
vncivill and vnwise then those which doe contemne and dispise the
Authorytie of them." Many of these treat of the same matters as
some of the older Ordinances, but though the *'
Guild-hall" remains,
the Gild-merchant does not seem to be found at this date. It may be
that this Gild had become overshadowed by the number of other Gilds
in the city, for in the preamble to a third recital of laws in this volume,
made a.d. 1671, for the purpose of obtaining the Justices' signatures
under the Act of 19th Henry VII. (see before, p. 210), it is stated
that the citizens and inhabitants of Worcester " for the greatest part
are vnited into Guilds, fFraternities, and Brotherhoods."
The intimate connection of the Gild with the Corporate body which
appears by many of the Ordinances of Worcester, is found to have
existed from the beginning of the Gild. In a Charter of Henry lit.
(a.d. 1227) confirming several privileges to the citizens, it is expressly
set forth *'that they shall have a Gild-merchant with ahanse and other
libertiesand customs pertaining to the Gild." In the table of " wages
and fees " to the Town-Clerk before-named, after the fee "for enter-
ing the name of anyone when he is made a citizen, ij.cf.," it is stated
that " proclamations must be made in the accustomed places four times
before the holding of the gild [gildam tenendam], that all who are
citizens and are willing" may appear. Also "there must be written
upon the door of the chamber all the officers of the gild, and the day
of the holding the gild, that all who come that way may know when it
is to be." The five pageants of the Craft-gilds, with their lights and
their tapers, were kept up by the yearly attention given to them by the
grand jury of the Leet (before, pp. 385, 407), and must have much re-
sembled those of the show-loving men of York (before, pp. 140, 143).
These old Ordinances here given obviously were not the originals, but
were, like those of Winchester and others, copied from laws still older.
This is seen from some of the Articles themselves, which show that
412 TUB ORD1NANCB8 OP W0KCB8TBE.
ihrjr arc bul lhoc " of oUI tymc " renewed, r mnde at ' ycldct
precnWota** ( pp. J77. J8a. }97)-
A volimM might be u'Htten were all tho topicH of tliCKc highly RUfi^-
jjwtim Ordiiuuiceii dvrrlt on. The otlioiTs uf the cuin])ktc iiuiiiicipal
Hovcnuofnt, the llitfh Ilnihtfand tlie Iôw Haihtr; the 24 men of the
ti;;>rr rl-.-imWr, wearinii the chiif livery, tlie 48 men of the commoners,
i\c lout-r ihamlK-r, of the Tommon Council (sec p. 386) ; the alder-
nirn. ehanilH'rIainii. recorder, town-clerk, and Serjeants, are all named
I., re. wiih others who were ap|Miinted when it was found necessary, as
i;it "juiiês," and **
affcrorH," or assessors of fines (pp. 379, 395);
uiijle the relations of the city to the State are recogni/.rd by the
Ordinances as to the choice and duties of members of I*arliamenf,
and keeping the i>eace (pp. 393, 385, 388, 389). As in Winclicster,
o in Worcester, much heed was ^îvcn to those things pertaining to
health and safety ; some of the laws as to nuisances were frequently

re-iterated, and in 1657 the grand jury-men indignantly desire that
certain laws on tluit subject " bee without further delay putt in execu-
con,or else wee desire yo" doe never trouble anie more lawmakers, for
in tyme, if [one of them be] not executed, and sicknesse comes, it is
enough to jwyson most parte of the Ciitie." The notes to the Win-
chester Usages (before, pp. 351, 353, 364) apply also to many of these
( trdmances which touch on food and trade.
That these Ordinances were made in the true gild spirit of mutual
aid among all is strongly shown by those touching clothmakers and
tilers (pp. 383, 399; also before, p. 352, note), which betoken a sense
of the free rights of the working-men not always carried into practice
even at the present day. And how these laws were neither made in a
corner nor kept out of sight of all concerned, is very instructively
taught by Articles I. and LXII. (pp. 376, 402), according with the
ancient custom in England, which provided, not only for the full
aaaeot of the citizens being given to their own laws, but also, for
the frequent reading and declaration of them among all the people.
[L. T. JS.]
413
III.
THE OFFICE OF THE MAYOR OF BRISTOL.
[In Mr. Pocock's MS. volume, from which the following is
printed (see before, p. 283, note), several pages of other extracts

from the same book of Robert Ricart precede these articles of
the " Office." They refer to various facts in the history of Bristol,
but there seems to be a paragraph wanting before what follows.
This is explained at once, on reference to the original volume
(which I have had an opportunity of making), where a preamble,
too long for insertion here, introduces the subject. For a further
account and remarks, see the General Note. L. T. S.]
1. I therefore the said towne clerk, in my most hertymancr, aii the officers are
Til i"rii ^ o
exhorte and praye all sucne worshipmlle persones as hereafter
exhorted to read
this book that they
, . inay the better
shall be callid and electid to the seide office;, at theire ceasons of know their duties,
leysoure to rede or do to be redde and overseen this present

boke, so that by the ouersight of the same they may the better,
sewrer, and more diligenter, execute, obserue, and ministre their
said Office;, in assistyng and mayntenyng the fraunchise;, liber-
tee;, and laudable custumes foresaide, to the honoure and comen

wele of this worshipfuU towne, and all thenhabitaunts of the
same.
2. Hit is so, that there hath been alweyes Maires in this Tiiere have always
,.,,
worshipiull toune
11/-^
seth the Conquest, and
t ^ r T'l
byiore, whiche, r
after
teen Mayors in
this town,
that the castell of Bristowe was first founded and bylde by that
noble erle of Glouc', Rob* Consul, son bastarde vnto king Herry
Bcauclerk, the yongest son of William Conquerour, the Mayres
in that tyme used yerely on Mighelmas daye to feche and take ^^9 formerly took
theire othe and charge at the castell yate of Bristowe, of the
clSfe'ât*'^^
414 TUB OFFICE OF
r^nWllc if I he iuiilc Cnht<ll. Ami tlir sainc vsc conlyinutl
rn?.. (hr ounyng of timt Misse*! prince king Kthvnnlc the

th Txl.lr. whiche among othir frnunchiwj >f his gode grace
gmuntiil, by Inn lunturnllo cimrtrca exiinpti<l the saide maires,
uul lictnt}*newol tle}Tii, to feche their Bnidc charges nt the
ca>t4>ll yte of the foresnide Constable, but onlcigned by the

IMwvttif nuiio fn> that t}'iiie sethcns, every nia}TC on Migliehiias daie to
lie chnrgid, and take liis othe of his next preiU'cessoiir in the
GuvUiehall of Ilristowe, before ftll tlic Coniinaltec there, ft'or the
wbiche it bathe alweyes setlien be usid yercly, that the iiij.
Sergeauntes, waytjTig on the nin}TC, shall vpon Seint Giles day,

the first daie of the moneth of Septembre, warnc all the worshii)-
full men of the Counceill of Bristow to be in theire Counseill
Ildus, at the Guyldehall of the same, the morowe vjion the daie
of thexaltacion o( the holy Crosse, at thellection of their Mayer

and othir officers for the yere following ; every man on peyne
of x./f., as it was ordeigned in the tyme of Stephyn Ic Spycer,
bi'ing Maire in the xviii''' yere of the reygne of kyng Edward

the thirde. And then in their saide Counseill hous sytting,
the Maire, the Shiref, and all theire brethern, ffurst the Maire
to exhort theyra all and euery of theym, with a pater noster and
an ave, to pray the Holly Goste to be at their scid eleccion.
And therevpon the Maire, first, by his reason to name and gyve
his voice to som worshipfull man of the seide hows, and after
bjin the Shiref, and so all the house perusid in the same, eucry
man to gj've his voice as shall please him ; which shal alle be
wretjTi by the towne clerk, and by the same reporte and
present hj-m that bathe moste voises. Whiche persone so in
due fourme electid to be Maire shal rise fro the place he sat in,
'MA iw and come sytt a dextris by the olde maires side. And after all
their communications there at that tyme he shall be worshipfully

accompanyed, with a certein of the seid hous, home to his place.
ytm mm Major 3. Item, after all this doon, the seide persone so electid maire
Urn
shalle haue his leysour to make his purveyaunce of his worshipfull
householde, and the honourable apparailling of his mansion, in
pleaunt and goodly wise as kan be devised, untill the festall
THE MAYOR OF BRISTOL. 415
dale of Seynt Mighell Tharchangell then next folowyng, whate on Michaelmas

day he shall go in
daie that evere he fall in the yere. ''
The seide new Maire then to state to the Giid.
hall with the
^
sheriff and the
come to the Guyldehalle, accompanyd with the Shiref and all his
Proper
brethern of the Counseill, to feche him at his hows and brin^:
' o
\}^^'^.
hveries.
him to the saide hall, in as aolempne and honourable wise as he

can devise do to his oune worshippe, and to the honour, laude,
and preysyng of alle this worshipfull towne. That is to say, yf
that he haue be maire byfore thenne, he to come in his habite,
that is to seie his Skarlat cloke, furred, with his blak a lyre hode,
or tepet of blak felwet, and all tho that haue be maire^ in the
same habite and lyverey, clokid. And if he haue not be maire
byfore tyme, then he to come withoute eny cloke, in his skarlet
goune. And all other that haue be maires, the same wise, sauf
their servants shulle here their clokes after them ; and in the seid
Guyldehall solemply stonding at the high deise of the same,

after the stynting of the commen bell, ffurst the olde Maire
to take his leve of his brethern and of all the comyns ther
beyng, hauyng his wordes and speking under this maner of
fourme :
" Worshipfull maisters and frendes, it is not owte of
your remembraunce that this daie xii. moneth, I, vn worthy, The old Mayor's
. .
speech.
was sworn to be maire of this honourable Citie for this yere
that is passid. And Sirs, if that I haue done of my negligens

and wilfulnes, otherwise then right lawe and good conscience
wolde to ony man or woman, I will pray theym come to me, and
I shal be redy to make theym amendys in that I haue offendid
theym, yf my goodes will suffice therto, or ellys I shal aske
theym forgevnes in as herty wyse as I can, trusting verilly in
God they shal haue no grete cause; of ferther complaynts.
4. "Furthermore, Maisters and ffrendes, I am not sufficient He thanks aii for

their obedience.
ne can not thanke you of your godenes accordinge to youre due
merits, for in you hath bene trewe obedience to kepe the king
our alther liege lorde is lawes, and my commaundment in his
name, at all tymes. ffi)r whiche, where as I am not able ne of
power
^
to deserve it vnto you,
J I pray
J 1
-vjite-^ almifjhty
J
i=,
God rewarde ' [These erasures
7 jade by a later
^
you with -a4o-^ moche joy, prosperite, and peas, as evir had hand],
comens and true Cristen people.

416 Ti'* orricK or
'
FurtbcflDorp, Miil<TH ami ffmulB, here is ft worshipfiillf
mmmmmr^
li. ,n. A.R, chotcn to bo oure Mftire for this ycrc coniyng, whiche
of hb grete winwlom, !y gtxliles prnee, slial nf.niniic and
amcoclc allc fuch thinpes m I of my sympiliu'RHo hiiue n(>t tliuly
nc fonnahlv oxeciit<>*! and fulfilhMl ;

aiul, worHljipfull inaisters and
frrmlA, the holy Trinitoe Mease you all and kv]>v you in juoh
iHTtiuw l*cnB. Mu\ ft'lirite, lonj to contyncwe. and [tin- hulic
Ooostc]* e\*ir Iw with you, Amen."

6. It^'in, ftftor this clone, 80 standing at the seidc high deiHC
iUtm. of the Yehhliall, hyfore all the scide Comyns, the saide oldc
maire to holde a boke îito the seidc new maire, and tlic Townc
Clerk with his boke to sUuid ^'l)pe, and rede the Maires Othe and
his charge concerning his ofliee, vndrc this maner of ffournie.
TWaiiiaii4 7. "Thus here ye, A. R, my predecessourc maire, and all
the goodmcn of I'ristow, that I.,K. 8., shall be good and true to
King Edward the ffourth, Kyng of England, oure alther liege
lonle, and to his heirs and his succcssours, and trewly with all
my power I shall saue and kepe this his Toune of Bristow, to
Em^^fmm. hym and to his heircs and to his succcssours. I shall kcpc and
mejTitcne the peas of the same toune with all my power. I
shall reproue and chastice the misrewlers and mysdoers in the

forsaid toune, as la we and reason wolle, by my power. The
Vfc.".xic tr^Mi fr.iuncliisej and free custumes wliiche beth godc in the saidc toune
I shall meyntene, and all euell custumes and wronges I shall put
awey and an}iitese, be my power. I shall kepe, meyntene,
and defende, the Wydowes and Orjihans of this forseide toune
ftfytwdi M sauely in hir rights, be my power. I shall well and truly scrue
the king in the office of the Eschetour in )> shire of Bristowe.
And I shall do the kinges profite in all thingej that longith to

gm i>riiMiflf mc to be done, bi my konnyng and my power. And I shall
trewly kepe his rightes which that longeth to the Crowne. I

shall not a-ssent to desti-y ner do no councelement of the kynges
rightes, nor of his fraunchiscs. And where I may know the
kynges rights of his Crowne, be it in landes, be it in rentes, or
The wordii between brackets are added in the margin in the

origuuJ.
,
in fraunchises, or in sute5 conceled or withdrawe, I shall do my

trew peyn to repele and reforme it, and, yf I may not do it, I
shall say it to the kyng or to them, that beth of his counseil,
which I shall be in certeyn* shall sey it to the kyng. I shall
trewly, and with right, trete the people of my bailly, and do do justice to the
every man right, as wel to the poer as to the riche, in that that the rich.
longeth to me to do. And nouther for yhifte, nor for loue, affec-
cion, promesse, nor for hate, I shall do no man wronge, nor des-
tourbe no mannes right. I shall take no thing wherthurgh the Be not bribed.
kyng may lese or the kynges right may be destourbed. I shall Take inquests
^'
take myne enquestis in open places, and not in prevy place, and "
that by endenture after the purport of the Statute made of

Eschetours. I shall do my entier payne and diligence to put Put down Loi-
lardry.
awey, cesse, and destruye, all maner heresies and errours, clepid
openly lolladries, within my bailly, from tyme to tyme, with all
my power. And I shall be assistent to the Ordinaryes and her Help holy church
commissariej
,,,.,
oi holy chirche,
, p .
and lauor them and mayntene

, ,
in rightful causes.
them, atte alle tymes, in all rightfuU causes, when I shall be
therto required by the same Ordinaries or be her Comissaries.

Also, I shall be helping, supportyng, and fauoringe, to the Support the Giid
Prioure and his brethern, the prestis of the hous of the Kalenders
of Bristowe, in all thingej that I may lawfully and honestly do
of right, as her verray patron, to the confirmacion and defence
of the rentej, londej, and tenemente^ of the same hous ; sauing
euery mannes
^ r and meyntene
Also I shall holde, kepe,
rie^ht. J all Keep good
' J
ordinances. ^
^
laudable ordinaunce^, whiche hath be made and used afore this

tyme be my predecessours, Maires, Aldermen, Sherifs, and the
commen counseille of this toune, vnreuokid and vnrepelid ; and
alle that shalle be made after this tyme, be my pouer welle and
trewly, vn to the tyme that they be reuokid and repelid by
the Maire, Aldermen, and Sherifs, and commen counceille of this
same toune which shall be for the tyme. And I shall do euery
man right, as well to the poer as to the riche. And all othir
thinges that longith and perteyneth, as well to thoffice of the
* One or two of the words in this line are inserted, and others are
erased.
27
4|g ^ TIIK OFFICK OF
Miiirr, of the Ewbotour, tnwly do, [iw wy^hc OB Ood wol ^\\c
IMC ^tucc*]. So Otnl mc hcl|>e atte Imlydomo, [niul by tliis
U.ko*)." Ami o to kyssc the loke. &c.

TWii imiwaf 8. Aiul afl4T thiH iltmo, the ohlo Maire to ileliucr vnto tlie
new iimirc the kynges SwenK% niul his hntte, and tlie civ.skct witli
Uie caJe of ofVice, the scale of the Statute of the Staple, the
ettle of the Statute merchant, with other autcntikc scales
encludeil in the same. And then the both niaircs to chaungc
their plnccs, then to avoid the halle. And all the hole company
rMMii*akM to bring home the new Maire to his place, with trompctts and
clnreners, in as joyful, honourable, and solcnipue wise as can be
devised ; and there to Icvc the new Maire, and then to bring
home the olde Maire. [It is ordered at Common Counscll that
the new ilayor tenne the old Mayor at his owne house and goc
home with the sword before him afterward. +]
Til a, fit 9. Item, it hath be usid on the seide Miclielmasse day, the
lo moste parte of the Counseill for to dyne with the both maires,
that is to sey, a grete parte of theym with the new Maire, and a
{)artc with the olde Maire ; in especial all officers to dyne with
the olde maire. And after they hauc dyned, to assemble all the
hole Counseille at the High Crosse, and fro thens the new maire
and the olde maire, with alle the hole company, to walkc honour-
ably to Seint Mighels churche, and there to offre. And then to
retorne to the new Maires hous, there to take cakebrcdc and
yryuc. And then, cuery man taking his leeve of the Maire, and
to retray home 1x) their evensong.
iiyt^,tiw 10. Item, it hath be usid, that on the morowc upon Michel-
p<rf IW tor-
2^j2.'^,l!l
mas day, the new Maire, the Shiref, and certeyn of their
brethem, to rcsorte unto the Counter, and there to call afore
thej-m the Baillyfs, Touneclerk, Styward, and all the Sergeaunt^

of liristow, with all the porters of the yatej of the same Tounc ;
and so fro the seide Counter to go to the Yeldcliall, there to take
their othes after the maner and forme conteyned in the rede
bokc, of olde tyrae by the common counseill of Bristowe made,
The words between brackets have been inserted.

+ Thia ia added in the mar^ in a much later hand.
S
ordeigned, and to be kept for euer. And therevpon forthwith

one of the Baillifs, by the maires commaundement, to go kepe
the markett court.
11. Item, it hathe be vsid, on the thirde day after Michel- The shoriif takes
upon
Ills oatli liis
masse day, after alle suche othes geven to the forseid officers, commission,
that then the seide Maier to call to hym the most worshipful!
of his brethern of the Counseill, to go with hym to the yelde-
hall, there openly to be redde the Shirefs commyssion, the

dedimus potestatem, the wryt of attendaunce; and therupon
the Shiref to take his othe, after the forme and effect of a
Cedule sende fro our Soueraigne lorde the kyng, enclosid within
the seid dedimus potestatem, if so be that it be then y-come.
12. And the same tyme, in semblable wise, there to be redde The Mayor to tak.
his oathupon tlie
the Maires Commission of the Staple, with the dedimus potes-
^
commission of th>
^, Staple.
tatem, and vpon the same the Maire there to take his othe,
after the ffourme and effect of a Cedule enclosid withyn the
seide dedimus potestatem yf it be then y-come. And the ij
conestable^ like wise.
13. Item, it hath be vsid, that the Maire the same daie shall iiow the Mayor's
and Sheriff's' ser-
kall byfore hym all his Sergeauntes, and to make theym bryng jeants yearly shai
be bound.
yn their suertees to be bounde with theym vnto the seide maire,
euery of them in their seueral obligacion, of xM. or xx marcs
of their good abering and trewe executing of their officej during
that yere, as wele in the Staple court as othirwyse, for to make
due levey, and truly pay and content almaner of ffynes, issue^,
mercementej, condempnaciones, and executiones, at eny tyme

had and recovered in the seide Maires Court, vnto the seide Maire
and to such personej as the seide recovrees belongeth to of right.
14. And in semblable wise, the same tyme, to kail byfore
theym the Shirefs' Sergeaunt5, and to be bounde in lyke wyse

vnto the Baillyfes, for the yer folowyng.
Item, it hath be vsed, on the iiij^^ daie aftir Mighelmas, The chantry
15.
the seide newe Maire to

.
let sommen nil

all the chauiitry preestis
priests yearly to
take oath to keep
, . their conipositiwii
whos composicions are enrolled in the rede boke ; that is to seie,
Everard le ffrenshe his preestis, Richard Spicer his })rcstis,
John Spicers preest, John Stokes prest, Water fframpton is

|]Q TlIK OKFUK OP
prtsi, EdroonilHlankftU ywHtv, Tlionuis Hnllowcyes urccRt^^,

Jobu Hurttmii |iri>t. William Canyii^'CH pRH8trH, John ShipwanlcH
prvt4*, ttiul ThuiiwuH lUiwIt-y is juvHt*', to com
bcfoiv the Mairc
to the Counter, there to Uxkv tlieir othes, truly to (l)S(nu' their
ride com|>oieioiis ; and theire seide othcs to l)e made viuUr

thU forme, that i.s to sole, oiu'ry of them to ley his lyfto hand on
the lxk\ anl his ri^dito handc on his brcsic, niakyng his othc
per saucta euan^'i'lia and per vtrha sncordotia.
r iiiiiirnfUn i6. Item, it hatli l>e vsid, the said iiij<^'' day after ^[ichclmaH
'.rMMi tlaie, and fro thens forthe, the seide Maire to let solium all the
Hir MU iiiwii; maisters of the Rikers, Bniers, Bochers, and of all other craft es
of the Towne, to come hyfore hyni, and then to ^^) and asscndde
them att their Indies and i)laccs accustnnied, to thelleccion of their
maisters for the yer folowyng ; and therupon to hryng theire

'
xrr ' t , jjcide maisters and present them before the Maire, j;erc to take
Urn Ua\<^. their othes in the maires presence, after the fomi conteyncd in
the lUile boke. And therupon the seide mairc to commaundc, and
see to be doon, that euery of his Sergeaimtes duly thcrafter
AaiMvBa- ^'O'"^ before hym, of every warde of Bristow, as many gode and
lob*
wUm wele disposid personej to be swore constables for the yer
of dM Unrn
folow^Tig. as every warde will of right aske, and require, by the
disereeion of the saide maire.
17. Item, it liath be vsid in the seide toune, that the

'^ **> Satirday next after the markett court done, the Maire to do
to be i)roelaymed, all the articles of the commen proclamacions
of all vitaillers, and othir thynge^, of olde tjmes ordeigncd, by the
common counseill of Bristowe, to be proclaimed within the same
nmMMjnr to touuc. And therupon the seide Maire to procede to all bis courtes,
Mdiotiaod of almaner accions personely ]>ifore the Maire and Shiref, or
Qmd^j*
ofkad.
bifore the Bailyfs for the tyme beyng to be holde. And ther-
upon to sett and proclayme the daies of Assise and pleas of land,
^^ldre this forme, that almaner of pleyntifs and defendaunts
demaundants and tenaunts, that haue a do before the Maire and
the Shiref of Bristowe, or the Maire and Baillyfs of Bristow, in
eny assise or in eny othir plee of lande, that they keep their
daie in the Guyldehall of Bristowe.
1 8. Item, it hath be vsicl, that within a moneth aftir Mighel- The manner of
holding the Law-
mas-day, the Maire, Shiref, and Baillyfs of Bristowe, to holde ^^y, or view of
frankpledge,
their lawe day in the Guyldehall, by the Toune clerk of the
same Towne, there to call, furst the hole counseill of Eristowe,
withoute eny mercemente5, and after that to call all free holders
and commen sewters, vpon peyne of their mercementc^, and
then to call the constables of euery warde. And so to procede Seven or eight
,. 1 ATI
to his en quests. And when the seide Toune clerk hath engroced
Tm Till ^^y^ after, the
afferingday [for
his lawe
........
daye, then within or dales vpon vij viij that, the seide
.
setting the
amercements]
to be held (see
Maire, Shiref, and Baillyfs, to holde their fFeryng day, and tlier- before, p. 395).
upon the seide Toune clerk to make vp his Stretys vnto the The estreats to be
T) MTP
Jiailliis,
1
kepmg
T-
a Kegistre
PI
01 the same
made up for the
to remayn with the bailiffs, and a
.11
.
register kept.
Maire, as of olde tyme it hath be vsid and accustumed.
19. Item, hit hath be vsed, vpon All Halo wen day the Maire Upon aii saints'
and the Shiref of Bristowe, after dyner, to assemble with all the the Mayor, sheriff!
, , ,
council, and others
hole counseill, at the Tolsey, with many othir gentils and wor- go to church, and
afterwards walk,
shipfull
^
comeners, such as apperith
^
there at that tyme,
^
and fro îi in company, to
./ ' the Mayor's house
thens to go in to All Hallowen chirch, there to offre, and fro thens * make merry.
to walke, all in fere, vnto the Maires place, there to haue their
ffyres and their drynkyngs with spiced Cakebrede, and sondry

wynes ; the cuppes merilly seruyng aboute the hous : and then
fro thens euery man departing vnto his parish chirch to evensong.
20. Item, the morowe vpon All sowlen day, the Maire is vsid The audit of
^ *'
C'anynges chan-
to walk to Eedclyff, and the Toune clerk with him : there to t'^f * ê made on
' '
-'
All Souls Day
chauntryes, and the November).
sitte in Audite vpon William Canynges ij ^^
Vicorye and the Propters with them. And aftir the seide
Audyte is fynesshid, the Towne clerk to entre thaccompte of the
same in a boke there, callid Canynges liger, and there the Maire
to receyve i noble, the toune clerk xx.c?., the swerdberer viij. 6?.,
and the four Sergeaunte^ of the Maire xvi.c^.
21. And fro that day ^

fForth,
'
the Maire, Shiref, and othir officers The
' '
general obits
to be kept.
_
^
to go and kepe the generall Obites, holden in the said Toune,

as wele in winter as in somer, and to receyve their ffees at the
seide Obytes, as is notid here folowyng in this present Boke, all
the.seide Obitej and the ffees and rewardes of the same.

22. Item, on Seynt Clementej even, the Maire, Shiref, and Evensong and
i c
429 THK OKKICK OF
ii>i.n. Ihoir bntlioni, haue vsiil to walko t.) fvynt Cloincntis cba]>oll
). within the IVrthcuB : there to liiiT tlicir cvonK(n,', mid on the
inorowe their inoHSO, and to olTrc there.
23. And on Seynt Kateryns even, in seni])lahlc wyse, the

K i Bw ^ aia*.
'^
saido Moire and Shin-f and their hretluiii to walkc to Seynt
Kntorj-ns ChniH'll witliin Tenii)K^ cliureli, there to hire tlieirc
cveniionj; ; anl from evesong to walke vnto the Kateryn lialle,
theirc to l>e \vorshi|fully receiucd of the wardeyns and ])retlu ru
of the same ; and in the halle there to have thcirc fires, and
their clrîikyngs, with Si)ysid Cakeljredc, and sondry wyncs ;
tlie cnppes nierelly filled aboute the hous. And then to depart,
cuery man home ; the Maire, Shiref, and the worshipfull men
re<ly to rceeyue at their dores Seynt Kateryns players, making
Hvn-
them to di-ynk at theire dores, and rewardyng theym for theirc
playes. And on the morowe Seynt Kateryns day the Maire,
Shiref, and theire brethern, to be at the Temple churche, and

fro thens to walkc with the procession aboute the Towuc, and
riattdar OS rctomc to the seide Temple churche, there to hire masse, and
ofTre. And then euery man retray home.
F.trTiwm;: St. 24. Item, on Seynt Nicholas Eve, yn semblable wyse, the
NkJ, l\.-' cl. un li
Maire, and Shiref, and their brethern to walke to Seynt Nicholas

Or -r V '.\^' churche, there to hire theire eve-song : and on the morowe to
(i. Ur
^. hire theire masse, and offre, and hire the bishop's sermon, and
Bej4<4A^ have his blissyng ; and after dyner, the seide Maire, Shiref, and
theire brethern, to assemble at the mairej counter, there waytyng
wj.,1* i -.in? the Birthoppes comming ;
pleyeng the meane whiles at Dyee, the
Utry p.i at diet,
ghrtog ib> teffc towne clerke to fynde theym Dyce, and to have id. of every
" Raphill ; and when the Bishope is come thedir, his chapell there
to 8}-nge, and the bLshopc to geve them his blissyng, and then he
and all his chapell to be serucd there with bredc and wyne.
And BO depaile the Maire, Shiref, and theire brethern, to hire
the biiihof>e8 evesonge at Seynt Nicholas chirch forseid.
^^bJSwL^^***
25. Item, the morowe vpon Seynt Nicholas day hit hath
ddirmdtoUw be vsid the Baillifes of Bristowc to make deliuree of the
01 UN CnJ. *
To^^-nc ray lyvereies vnto all thofficers of the same, in maner

and forme folowyng ; that is to sey, to the Tounc clerk,
xlij. rayes, and as moche pleyne clothe accordyng ; and to

his clerk, xxxij. rayes, and the playne cloth accordyng. To
the Steward, xlij. rayes, and as moche pleyne clothe acord-
yng ; and to his clerk, xxxij. rayes, and the pleyne clothe
accordyng. To the Towne Attorney, xlij. rayes, and as moche
pleyne clothe accordyng. To the Swerdeberer, xlij. rayes, and
asmoche pleyn clothe accordyng. To euery of the Maires Ser-
geaunte^, and of the Shirefis Sergeauntej, xxxvj. rayes, and the

pleyne clothe accordyng.
26. The Paiementes by the ^
Baillyfes of Bristowe yerly to be
''
Yearly payments
'' '' hy the bailiflfs to
paide, to the Maire, Shiref, Eecorder, and othir
^ ' ' ' '
officers, ayenst t''^ city officers,
' -^ about Christmas
Christmas. All to be paide, except the Pencions to be paide *-
quarterly.
Inprimis to the Maire, xii. yerdes of To the Mayor.
Skarlet, price \\\]M.
Item for his ffiirre x. marcs.

Item for his wyne v. marcs.
Item for his pencion xx.^^.
Item for his mynstralles , v. marcs.

Item at Seint Georges ffest ij. torches.
Summa xlj.Z'i. vj.5. \\\].d.
Item to the Shiref, x. yerdej Skarlat, price Yyli. xiij.s. iiij.cZ. To the Sheriff.
Item for his furre Y.li.
Item at Seynt Georges fest ij. torches.
Summa xj.î. xiij.s. iiij.c?.
To the Recorder.
Item to the Recorder, x. yerdes skarlat.
price Y].li. xiij.s. \\\].d.
Item for his pencion n.li.
Item for his furre \\].li,
Summa xix.?^. xiij.s. iiij.c?.
Item to the Towne Gierke for his pencion \i\]M. To the Town
Item for his furre vj.s. viij.c?.
Item for his parchemyn, wax, and wyne. . xx.s.
Summa vM. vj.s. viij.d

494 TIIK OKKICR OK
Vtmn linn U llio .Stowiinli' fur hiH |Hiu'ioii liij.^r. iiij.</.
Item for hin furrv vj.*. \uj.<f.
Item ftr his pajHT and pftrrlimcnt vj.s. viij.f/.
Item f'T ''>" wyno ij-". viij.7.
Summii iij7i. ix.s. u\}.<f.
T ^ Ik* T< lt<ni t the Tdwno AttriKv for liis jh-ii-
riun iij-^J.
Itoin for his ffurrc vj.5. viij.c?.
Suninm iij.//. vj.i*. viijy/.
TWikatawi. Item to the Swcrdhcrcr for his pcnciou . . iij7/.
Item for his ffurre vj.6". viij.cZ.
Summa iij.//. vj.s. viij.(/.
lW i>>rtt cncion viij. marcs.
r iiij. yerdcs brodc
Item for his eowiie and a bode < ,
,
[ clothe.
Summa vM. vj.s. viij.cZ.
TWMyQrBBM 27. Item, hit hath be vsid, the Maire of Bristow anon after
{||*J*'>
"^ Ty nii^diehnas, to do callc byforc hyra in the yclde hall, or coun-
Bcill lious, all the Bakers of Bristowe, there to vudirstand whale
stuff they haue of whete. And after, whate sise they shall l)ake,
and to assist and counseil theym in theire byeng and barganyng

with the Bagers, such as bryngeth whete to towne, as wele in
tro^^ys, as otherwyse, by lande and by watir, in kepyng downc of
the market. And that the Bakers lak no stuffe, in especial! aycnst
the fest of Christmas, and at suche tymes as many straungers

rcsortith to the towne. And the Maire, dyuers tymes to ouersee
the weyeng of brcde, at such seasons as he thynketh necessary
and requisite, aftir his discrecion, or vpon compleyntc3 made
vnto hjTn for the same. And that the Bakers enhaunce not
their sises above \'yl. at ones, according to the statute, &c. And
whate Baker that brekith the sise, to be punysshed, aftir the con-
st itucion of the Towne, as apperith here folowyng in this present
boke.
Item, hit hath be vsid, in semblable wyse, the seid Maire The Mayor must
28,
!- 1 n Overlook the
r T 1 r
anon attir Mighehnas, to do calle byiore hym
i 1
the seide Brewers, and re- m

gulate the price ol

^~4 .
t .
Counseill hous, all the Brewers of Bristowe; and yf the case iait.
require that Malt be skant and dere, then to commen there with
the housholders of Brewers vpon a wise prouision to be made
for the reformacion of the same, and to bryng malte to a lower
price, and that such price as shall be there sette by the maier
vpon malte, that no brewer breke it, upon payne of xl.s., for-
feitable to the chambre of the Toune. And the shyftyng dales

of the woke, specially the Wensdaies and Satirdaies, the Maire
hath be vsid to walke in the morenynges to the Brewers howses,
to oversee theym in seruyng of theire ale to the pouere commens Aie for the poor,
of the toune, and that they have theire trewe mesurej ; and his Tj^^g Aie connertc
Alekonner with hym, to taste and vndirstand that the ale be Sffs Ttrong and^
^^ " ^*
gode, able, and sety, keping their sise, or to be punysshed for the
same, aftir the constitucion of the Toune, as apperith folowyng in
this present boke.
29. Item, it hath be vsid, the maire this quarter specially to This winter quar-
ter the Mayor
oversee the sale oi wodde commyng to the bakke, and to the must look after
the sale of fuel on
key, and to sett price vpon the same by his wyse discrecion ; and the quay and at
the Back.
that no wodde there be solde vntil the price be sett vpon it by
the saide maire, ne none to be deliuered there byfore ne aftir a
certein houre by the seide Maire lymitted. And that all grete
wodde, callid Berkley wodde, be dischargid at the key beyond

the Towre there, and all smalwodde to be dischargid at the Bak.
Prouydid alweys that the woddesillers leve not the bak all Thewoodmer.
. chants must not
destitute and bare of wodde, ne soffir not the halyers to hale it aiiow the porters
to carry it all
all " but that they leve resonable
awev, stuff upon
^
the bak fro away, so that the
*'
poor may be
spryng to spryng, to serue the pouere people of penyworthes and served,
halfpeny worthe5 in the neep sesons, vpon peyn of punysshyng,

as wele the seid woddesillers, as the seid halyers, by the discre-
cion of the seid maire.

QO. Item, that
^ '
all maner of colyers that bryngeth colys to
'
towne The standard
. .
measures for coals
smale or grete, that they bryng their sakkes of juste to be set up this
for to sille,
mesure, according to the standard, for the which the maire is
vsed this quarter to commaunde the standard mesure3 to be sett

TIIK OKFICB OF
IS6
in diom placw of thin Touno. na t tlic Ili;;li Crosso, the r.ri;:;,'i'
comrr. SulUigc CnMwc.Ho that cvirv sjik ho trycd uiul |)rov'ul

urn!
lo be ami holde a carnok and the ij. wikkcs to hoUlc a (juarU^r,

;
whfttJiocvir tlic price l>o, \ih>u iH'ync of hrcnnyng of the 8ukko8
and parte of the cohii, and a parte to he <li8tril)uted to pore folkoH
of the Almojt howsos.

ki 31. Item, it hnth l>o vsid, tlic Maire and Shircf of Bristowc
wA- to kepe theirc iluc residence nt the Counter cuery fferyall
day, aswele hj-forc none as aftcrnone, except the Saterdaics

aftemone and othir festyiial cvis aftcrnone, and to he there
at viij. at the clok and sitte untill xj., and attc ij. aftcrnone,
itad sitting untill v., for to hjTC comple}Tite8 and varyaunces

twltodtf
lctwcnc parties and parties, and to discernc and detcrmyn
the Ranic after theirc discrccion, and, by thaduyce of theirc
hrcthem there hc}Tig ^\'ith them, to sett parties in rest and

ease hy theirc advcrtyscmcnt, compromessc, or otherwise ;
ynlcss
then it so rcqujTC that they must remit tlieym to the lawe, as
tliey can be aduysed by the Recorder if he be present, or by the
aiUikbUi* Town clcrk in his absence; which Audience kcpyng ])y the Mairc
of
and Shircf in the saide Counter, is the grettyst preseruacion of
peas and gode rule to be hadde within the toune and shire of
Bristowc that can be ymagened, for yf it wer anywhilcs discon-
tjnewid, there wolde riglit sone gi'owe grcte inconvenyence
amongst thenhabitauntej of the same, which God forbede.
TWlNyoTMid 32. Item, the Maire and Shircf of Bristowc shall, by vsagc
this quarter and ceason bj'forc Christmas, kepe thcire Aduent
sennondcs ; that is to sey the furst sonday of Aduent, which
fnllith alwcies the sonday next after Seynt Lyucs day the bisshop
in Xouembre, at which furst sonday the scidc Maire and Shircf,

with theire brctlicm, shall walke to the ffrere Prechours, and
there hjTe theire Scrmondc. And the next Sonday thcrupon,
they shall hire scrmondc at the ffrere menors, and the thirdc
Sonday at the ffrere Prechours. And the fourthc and laste
Sonday of Aduent at the frere menors. And there to make
an end of Aduent Sermondes.
33. Item, the Maire of Bristowc shal, by vsage this quarter
;
the next markett day byfore Christmas dale, or ellis on Christmas bomadeatciirist-
, , 1 / 1 1 1 mas, for peace
eve, do make open proclamacion tor gode rule and governaunce during the hoii-
.. . days and the reign
to be hadde and kept within the saide town, duryng the holy of tiie Lord of
Misrule.
dayes, under this maner of fforme :
34. "The Maire and the Shiref chargen and commanden, on Gonotamum-
11
the kyng our
iT-111^1
souuerain lordis behalf, that no maner of personne,
p
ming with masks.
of whate degree or condicion that they be of, at no tyme this
Christmas goo a mommyng with cloce visaged, nor go aftir
curfew rong at St. Nicholas, withoute lighte in theire handes. After curfew go
not without lights,
that is to sey skonce lisrht, lantern light, candel licfht, or torche nor armed with
-'
weapons.
. .
light; and that they goo in no wyse with wepyn defenssibly

araied, wherbye the kinges peas may in eny maner wise be
broken or hurt, and that vpon peyn of prysonment, and makyng
ffyne and raunson to the kyng."*
35. Item, an other proclamacion for conseruacion of the a general procia.
kynges peace, ordeigned, stablisshed,
Ill
and enacted by the com-
matiou for peace.
men Counseile of Bristowe, to be proclamed at all such tyme

as the maire and the Shiref for the tyme beeng shall thinke
it necessarie ; in especial ayenst gode tydes and feestys, as

Christmas, is to be proclaimed in this wyse :
36. " The Maire and the Shiref chargen and commaunden, on we charge you go
. not armed witliin
the kyng our souverain lordes behalf, that no maner of persone the town by night
nor by day.
or persones go nor walke within this town of Bristowe, with
no Glaythes, speerys, longe swerdys, longe daggers, custils,
nother Bas5elardes, by nyght nor by day, whereby the kinges

peace in any maner wyse may be trobbelid, broken, or offendid,
but the personnes that bith officers and othir that commen
ridyng into the towne, or goyng oute of the Towne ; and that
* This proclamation seems to have been directed against the abuse of

the popular sports which obtained during the festivities of Christmas.
The Lord of Misrule, " beginning his rule at All-hallow eve, continued the
same till the morrow after the Feast of the Purification, commonly called
Candlemas Day, in which space there were fine and subtle disguisings,
masks, and mummeries " (Strype's Stow's Survey, Bk. i. p. 252) and mum- ;
ming with visors, " cloce visaged," was especially a Christmas custom
sometimes turned to evil purposes. See Brand's Pop. Antiquities, i.
p. 356. [L.T.S.]
4jg TiiK oKriCB op
r]|n fttjn of flbrfoitun' (f tlmirc wocpyns, nnd tluiro Ixnlycs

AH JLI |) priMiii. To the occoinplyBHhmcnt of the wliicho prcniyHHeH,
iMi. the Mairr, Shiirf, ftiul coinmen counsrilc <f Bnstowe foiHtid,
cliiu>;rn aiul comiimuiulcii all manor burgoysts of this Townc of
nristowr, on the kyng our 8oucrai;;nc lord w behalfo, to lo
my^yngt holpyn^. 8uji>ortyn;,', luentcyning, and fTiivouryng, to
the execution of the same, and that vppon poyn that may or
woll befall thcreujipon."
GENERAL NOTE.
Rri8T0L, lonff only second to London in the kingdom, is, it is well
known, rich in historical records and city muniments, parts of which

have at times found their way into the liands of some who have api)re-
ciated their public value. She was remarkable in having among her
Gilds one devoted to keeping " the ancient recordes and mynaments,
not only of the lowne, but also of other societies in other remote j)laces
of the kingdome;" whose history, could it be written, would be one
of the most curious in England ; the unhappy burning of whose

]il)rary, in a.d. 1466, is recorded before, p. 287. (See also Dallaway's
Antiquities of Bristow, p. 35, noic). There seems a note-worthy fitness
of things in the circumstance that Robert Ricart (or, as some call him,
Ricaut), the Town Clerk who wrote
most interesting record here
this
printi-d, which adds another instance of the working of the Gilds with
cori>orate bodies in towns, should have been himself a member of the
ancient brotherhood of the Kalendars of Bristol. men-
This fact is
tioned of him by nearly all the histories, upon what authority is not
stated, but the inference seems that he so speaks of himself in some of
his writings. (See Pryce, p. 619; Rogers' Calendars of Al Hallowen,
Br)'8lowe, p. 165; and others.)
Since the first two Parts of this volume passed through the press,
under my father's eye, 1 have been enalded, owing to special circum-
stances and the courtesy of several gentlemen in Bristol, to examine
the original work from which Mr. Pocock's MS. was taken, and to
make a careful collation of this print. To those gentlemen, among
whom I may mention the Town Clerk of Bristol, my best thanks are
due for the facilities they afforded me by which means I have
herein,
been able, haj)pily, to render this portion of the work more complete
than was otherwise possible.
THE .MAYOR OF BRISTOL. 429
In Mr. Pocock's MS,, an extract from the beginning of Ricart's

Chronicle states that "the Mayor Spencer, i8 Edw. IV. [a.d. 1479],
commaunded me, Rob. Ricart, the same yere electid and admitted into
the office of Town Clerk of the said worshipfull towne, for to deuise,
ordaigne, and make this present boke for a remembratif evir hereaftir,
to be called and named the Maire of Bristowe is Register, or ellis the
Maire is Kalender." (This, in the original, continues as follows)
" In
the which boke is and shalbe enregistred a grete parte of the auncient
vsages and laudable custumes of the saide worshipfull towne, tyme
oute of mynde vsed and exercised in the same ; which boke in sub-
stance shal rest vpon vj principall matiers." The subjects of these six
*'
principal matters " or Parts is then set forth at some length, the
design of the book apparently being to give a history and descriptive
account of the city. What is here printed is the fourth of these Parts,
four pages only having been left out, some of which are cancelled, and
seem to be in a different writing. by Barrett that besides
It is stated
this Register Ricart was the author of " many curious notices we have
in the two red books, the book of wills, orphans, &c." (Hist, of
Bristol, p. 456). See also Corry and Evans' Hist, of Bristol, vol. ii.
p. 285, to the same effect. One of these '*

red books " is referred to in
Ordinances 10, 15, and 16 (before, pp. 416, 419). The "little Red
book " I have seen, and one among the many points of interest con-
nected with it is, that an inscription on parchment, on the outside of
the volume, bears the veritable signature of Ricart himself.
Seyer, in his " Memoirs Historical and Topographical of Bristol,''
thus describes the "Maire is Kalender." " It is a thick folio, in good
preservation, well and partly on paper,
written, partly on vellum,
ornamented with rude and several other paint-
portraits of the kings
ings of the same kind. About the beginning of Henry VII. 's reign
. . .
the handwriting changes, and the chronicle is continued by different

persons nearly to the present time." (Pref., pp. xi. xii.) The part
containing the " Office of the Mayor," is also adorned with a very
curious painting on vellum representing the ceremony of installation.
The paragraphs are not numbered in the original, but figures are here
inserted for the sake of convenience ; and for the same reason the few
side-notes there occurring are here omitted.
Ricart's Kalendar, or even this portion of it, has never before been
printed. Seyer and Barrett quote short passages; other authors only
allude to it; but Evans, in his compendious little work, under the
date 1503, when he says Ricart ceased to be Town Clerk, gives the
best account of any in a short abstract of the " Office " (Chrono-
logical Outline of History of Bristol, p. 127). Barrett (p. 121),
followed by Mr. Lucas in his " Secularia " (p. 115), quotes a part of a
speech made by the Mayor on going out of office (apparently another
130 TUB OFFICB OP
lof tlialghrlbefore on v. 41',^ hui without giving any nuthnrity
lor Um quoUlioo.
Thrrc can lie no i\o\M tlial Iluarl, \vrilm down thcBc Arliclt's or
Ordinance* (ourhin^ the oflircrN and jiovirnincnt of ihf town "for a

NBHnbratjf rvir hrrcaflir," and exhorting his fellow-orticerH to Htudy
tlMfn (mt before, p. 41 3), copied thcin from 8omc older nnd well-known
hw, indeed in nhown by several of the Ordinances ihemRclves (10,
I5, and by the phraM used at the heînning of many of them,
" hit
lialh \tc usid." They form no exception in this re8|)ect to the other
rxami'lcs of ordinances given in this volume. It may he remarked
lIuU lUcart actually has written them down in the order of the ('akndar
cconling to the modern sense of the word, hcginning with ist
September antl ending at Christmas.

Incomplete as this hody them contain
of Ordinances is, many of
provisions as to and good
matters concerning the general wclf.ire
municii>al government parallel to those of Berwick, Winchester, and

Worcester; ordinances of which the best example hitherto published
is found in the Liber Alhus of London. Hut the most important j)oint
as regards the subject of the present volume is, that these ordinances
show the amicable connection of the Craft Gilds with the corporate body
of the city, the Mayor evidently having possessed a ministerial function
in confirming the election of the masters of the crafts (sec Ord. 16),
similar to that which he exercised as to the ordinances of the Gild of
Fullers (see before, p. 286). The famous Gild of Kalendars held
a high and honourable place in the good graces of the city (see before,
pp. 287,417), and the relation of the ollicers of the corporation with
other crafts ajjpears to have been of much the same sort as it was in
Worcester (Ordinances 27, 28). The crafts also appear to have

Mayor and other ofTiccrs on
attended the vigils, as they did in Worcester
(beffre, p. 408), and to have foimd it thirsty work, for Barrett (p. 125)
cites from "the great White Book" that "20th May, 28 Hen. VL,it
was ordained by Wm. Canynges, Mayor, and the Common Council,
that the drinking at St. John's and St. Peter's nights should be wholly
to persons of crafts, going the nights before the Mayor, SherifF, and
other notable persons ; and that the Mayor and Sheriff on forfeiture
of five marks a-piece, the one at St. John's night, the other at St.
Peter's, should disjjcnse wine to be disposed of to the said crafts at
their halls viz. to the weavers and tuckers each 10 gallons," enu-
:
merating 26 crafts, who were to have 94 gallons of wine among them.

The " Canynges " here named was the celebrated William Canynges,
the merchant of Bristol, four times her Mayor, and her benefactor
in many ways
; also the munificent restorer of Redcliff church, where
he founded two chantries (see before, \^). 416, 421).
Like Worcester, Bristol also had a Gild Merchant, for according to
Barrett " it by the great Red Book of Bristol, p. 30, that the
apj)ears
Mayor, and commonalty had a free guild of merchants in the
baihfFs,
town and suburb from time beyond the memory of man, and all things
belonging to a guild " (p. 179). What further discoveries this " great
Red Book " has must however await a future time.
to disclose
The lover of old English manners and customs will find in Ricart's
quaint descriptions of ceremonies and of what we are accustomed to
call " sports," but which were evidently matters of seriousness, much
to gratify his curiosity and study. Much light is thrown upon Ordi-
nances 18 to 22, and 30 to 32, by passages too long to quote here, in
Strutt's "Sports and Pastimes," pp. 339, 346; and Brand's "Popular
Antiquities," vol, i. pp. 308, 321-336.
[L.T.S.]
lO^
IV.
TUK CUSTOM A i;V OF TKTTENIIALL REGIS.*
A Trew r(j)py of tlic C'ostoinnry of the niannor of Tcttcn-

HJ^jr.
Iiall re^'is, coppice! out of one taken out of the Original 1,
the 2 2^^ of July 1604.
I. Imprimis, the tenants do say: that A baylifTe must l)c
Chosen by his neighbars, from yeare to yeare, of the best and

Ablest men of the manner : and besid they saye, no Clarke nor
Smith shall be baylyfe to searve.
A*ifclatk 2. Item, they saye, whosoever of the manner dye, the lord
^ shall haue his best oxe or cowe, and all his masculen horses : of
thrc swine, he shall haue one ; and of fine, one ; and of tenn,
twoe ; and no more if he haue an hundred : and so of bees and
such (ther.
3. It: whosoever sitteth upon the ground of any man, and

MlobvioU.
ycildcth to the lord a peny or liaulf peny, or more or lesse, the
p Tkt<kmdi,
taiB.] lord shall haue an hariot of him as of another, and^ the second,
EAm
Amdkt,mUd
*meane lord the therd.
As before stated (p. 348), two copies of the Customary were kindly
pUoed in my father's hands. The text given here is that of the older of
the two. This is written in the bad hand of the early part of the seven-
teenth century ; in several instances the transcriber by a slip of the pen has
miMed out words or parts of words, thus making the sense very obscure.
By meAna however of the later copy these omissions are able to be filled
up, and doubtful reafJings be made clear, which I have done by inserting in
the margin the added and corrected words, referring to this later copy as
B." Thifl copy, while it is more complete, and spelled of course accord-
ing to the more modem style, contains several variations from the older
copy, which however consist chiefly of turns of expression not affecting the
general tenour of the bye-laws. See further. Note at the end. [L. T. S.]
THE COSTOMARY OF TETTENHALL REGIS. 433
4. It: whosoever sitteth on the ground of another tenant, Anotiier custom
yeildmg nothmge to the lord or

ii'-iA he houldeth of
the king, he y*
^* heriots..
shall have the beast ^ beast for an hariot, and the lord the beast ^ P Best, in b.-]
after the Church, or foure pens if it be bequeved^ him. i'^ Bequeathed, in
5. What stranger soever, dye in the lordshipe, the lord shall Heriot shall be
have his beast ^ beast for an harriot, or horse if he haue any: and stranger.
if he be an knowne man, the lord shall haue nothing, if his lord
aske him.
6. It: every heire, after the death of his father, shall giue, The relief for land
for a releife of his land, so much as his father gaue of yearely as'one year's rent.
rent, and his rent according to the Statute,

TO and
11this called a
Wliere no rent is
paid, tiie fine
must be agreed
dubbel the^ rent. And if it be land of new parchase, glueing upon,
'
nothing to the lord, the heire shall make his fine \\^^ the bayliffe ^*
to the best.
7. It: the[2/] say, no man may bequeath his lands or tenant -^ych a man may not
lie
.
hath to inheritance
.
:
II-
but his own new purchase he may be-
bequeath his in-
heritance, though
he may his own
queath to whom he will. purchase.
8. It: no season within the mannor is of force, unlesse it be No seizin is of

TOrCG LIIiIgSS TTlflclP
in the full court, by the hand of the baliffe, and be giuen aganne in fuii court by
the hand of the
by the bayly to him y* hath the right. Bailiff.
Q. Noe widdow shall pay the lord any harriot, unlesse she a widow shaii not
hould other lands then her dowry, or pay other rents to the dowry.
lord.
10. It: every widdow shall answare to the heire the third p* a widow is ac-
countable to the
of the rent, and all other things belonging to the tenant exept heir for a third
of the rent, but
shute of courte. "ot for suit of
court.
11. It: if a man purchase with-in the mannor any tenî^ts^ Tenements pur.
chased within the
the lord^ have nothing of him but his rent onely, and after his manor oniyinvoive
rent and a heriot.
death a hariot. [* Shall, added in
B.]
II.* It: any tenant may sell or giue his tenem*^, without any Any tenant may
harriot glueing to the lord, as well^ of inheritance as of per- ofins tfne^menL',
"^
chase, and keepe to hime selfe a parcell, and for that parcell any' heriot.
*' e
he shall agree w*^ the lord for his years rent, and a-peare at i^
j^'.'j"
court.
* In "B" this Bye-law is numbered 12, and the rest follow consecutively,
so that there ap|)ear 40 Bye-laws, the right number, at the end.
28
Tilt <>M\t m:y of
Ill <
r_ tj fii-- i 11. It: no iitninjrc mftn shall mnrry n \vi(llw Imiioln;; land,
Krtfcite4i*
^^ ^^^^^ ^j^^ fnxHluin of the mannor, without lyccnsc of the lord
or hU Imyliffc
13. It: every heire, nftcr the death of his father, shall haue
tj,e bcAst hnae pot. and' all other implements the hest.
14. It: every widd\v shall have hir dowry, of all lands and
teneineuta w'^ shee and her hnshand [had] together, wtl stand
nd' warranta made, but the heire shall pledge hir which liath
the deeds by the sight of his neighbors and to the valeu of the
Und lost.
\miif**t*opmfj 15- It: if any whonian have lands or tenem**, after tlu*
ZmkmimLi^ deocBSC of hir father, by inhiritance or purchase, or by giftc or
by conditione, or for tearm of use^, or fee taule*, or by any other

manner, hir husband, when shee is married, may sell all such
i*nvfc.taii.l lands and tenem**, soe that the woman come into the court, and
there be examined by the bayliffc whether it be hir will or no,
and that shee be not eonstryned ; and then, that doone, yealding
it up excludeth the woman and hir heire for ever.
rinifiiii 16. It : If any man or woman of the lordshipe shall call any
(D bcfasd.
ortki^mUtd nian or woman whore ^ pay to the lord 25., so that he shee or they
In ft 1
so called come, with twoe honest men, and prove themselves good.
lAanbe 17. It: if any man or woman^ call a wedded woman common
stnimpitt, and can not proue it, he shall giue to the lord xij.c/.
Midtd ia B ]
**'
yeild, and make his neighbore amends for the trespasse, so that
she come to the court as afforesayd.
ifM7 0M'i:MU 18. It: if any man or marre or eate the come or gras of his
iiMiIghboorii neighbors, w^h his beasts either tyed or keept, he shall giue to
ii n i^d i
the lord xij.c/., and make his neighbors amends for the trespasse
*^!**^?^v* ^^ at the sight of his neighbors ; and if he do againe, he shall giue
^"^ the lord 28., and make amends for the trespasse ; and if he do
nir.a4d*dtoB.] "the third time, he shall giue the lord 6s. 4<i.^, and allsoe 6s. ^d.^
to his neighbors for the trespasse.
19. It: No man shall make yates or gapes in the common

feild, upon the come or grasse of his neighbors, but by the con-
Bent of [ihe] commonty ; and if he do, he shall give to the lord
28., and to the commonty of the towne 28.
TETTENIIALL REGIS. 435
no man
20. It:
upon the ground, under the paine

...
shall pasture tlie stubbell while the corne is
of xij.cZ., except
.
it be upon his
.
The pasturage
stubble.
of
owne land.
21. N'o man of owre toune shall enter upon the stubble of The pasturage of
' stubble in other
any other toune while the corne is upon the ground, exept it is
p^SiesT
upon his owne land, and by the good will of all his neighbors,
under payne of iij.s. to the lord.
22. It: no man

be amerced but by the taxinoj
shall of his *'
Amercements
shall be fau-ly
neighbours, and according to the trespasse. made.
23. It: no man shall be merced for blood drawing, orbeareing The amercements
for certain offences,
wepons, or for shute of court, or for exsisse^ of ale brewing, but and for bad aie.
[1 Excise, in B.]
of iij.c?. ; and if the ale be read, and of evell savor and collour,
then it must be taken into the bayliffes hand, and he shall be
merced grevousely by the taxing of his neighbors.
24. All brewers in the like mannor shall charge the ale The aie-taster
must taste all ale.
teaster to teast the ale before they sell it, or else they shall be
amerced.
25.
"J
Every brewer
>
giue the ale taster a gallon
shall o o of the best He shaii have a
gallon of the best.
ale when they brewe to sell.
26. If any ^
man finde himselfe aereved by the hedsjes of his Gaps in the hedges
^''^'' '''^ Presented
. .
neighbors not lawfully made, he shall take his neighbors; and so at the court Leet.
many gaps as they then finde, they present to the baylifFe at the
next court; and for every gape, the lord shall haue a share or
iij.d, and allso make amends to him that hath the harme.
27. Everyman that hath sonnes, may set them to crafts C"^tom as to set-
I J 7 J tnig out sons and
without lisence of the lord ; and he [shall] giue for every

âu'-Mers''^
mariage of his dauter, with -in the mannor, xij.c?,, and without
the mannor 25., except he can get better favoure.
28. All the kings tenants may set there houses, rents, lands, Leases for years
or tene^t, for the terme of xxx^ years,' with out lisence of the The latter must be
' ./
made ni lull Court.
lord ; but if it be for terme of life, it must be in full court, with
lisence of a balife.
29. If any man be lawfully seazed, in full court, of any tenement The force of lawful
for Wright,* one day and one night, he shall never be excluded
* That is, by writ of right. [T. S.]

496 TIN. (nsnMiAia OF
DOT rximllnctl but by the kiiigB writ, niul tcnaiitH hy thr ju(1^Mncnt
of ihr king* tonmitA.
30. Itriii: the twelve men rIihII present nil nrticelH wliich
they knowe to l>c trew ; nnd if the Mtand in doiibte of any, they
Imll hiive lim^nee nntell the next ' ilay, (rll they are to present }'
(Uy allmt in Hrnt.*
31. No presentation of l>looil drawing or bcarcing wrpons of a

diilile, shall Ik' present^hl l)efore hee be twelve years of age.
32. It: [//*] any presentation be not amended, it shall be i)re-
sented from ycare to yeare, untell it shall be amended, and allsu
amends made.
!>'
3 ^ It : if any Inquisition be made by the balifc of the assise*
^"i^V^ ^ for puration,' and the tenants be not wholy present, then the
itoiiMsta. inquest must tiike no efect untill the tenants ])rescnt answarc to
la the doing wholy together. In like manner must be donnc of

twelve men. But if it bee taken by the kings writt, for lands or
tenement, or by office, [ami] the plantyfie and defendant be both
present, and be contented to abide there sayîigs, then they must
giue a virdict without any delaying.
34. It : if any man wryghttsf one of his neighbors for lands or
tenements, boath shall have their dclayes, and no detayneing of
lands or tennements shall be made, but if it be for default of
sbewt of partyes : and he that is cast shall giue to the lord
vi^. viii.</., except he that is cast can gett better favoure.

TWvMvMd 36.^ It: if any man do tey or keep any mare with a yonger*
fMl^
^
AtMt dikll
foale, in the winter feild, or lent fcild, from the assention day
UDtell the nativity of crist, he shall giue to the lord xij.cZ., and
) i^.im B.) to thecommonty*of the court of the towne ij.5., as often as he is
* ( laamtmmiif, ia
B.J taken : in the like manner of cowes and calvs.
Thla unintelligible sentence stands thus in if they stand " B," " and
in doubt of any, they shall have license untill y" next Court day, and as
well they are to present that day as the first day,"
t That in, serves a writ of rij^'ht. [T. S.] In " B " the plirase stands,
If any mau takes a writ on his neighbour."
J In *' B" the Bye-law 35, below, conies here in its proper numeral
place, lliere seems no reason why the transposition wa? made in the older
copy.
; )
TErrENHAT-L EEGIS. 437
37. No widdow shall put any of hir dowry from the heire, for^ ^ The heir shall
. . , .
have the refusal of
third sheafe, if the heire will gme as much as annother man tiio widow's share
wlien on sale.
will. [1 Away, in B, in-
38.
Tf
If any
111-I111T
man shall hould lands or tenements of the meane
n 1
stead of " any of."]
[^^'orthe, in b.]
lord, and he that houldeth it be willing to sell those lands or Si'hl'le the''^
tenements, in p<^ or whole, the meane lord shall haue it for his Sie of property
monny
in
beiore any other.
.1 held under him.
39. All ould tenants shall haue, severall, all the yeare, a croft om tenants shall
and a medow, or a place of medow ground, or more if he will : common rights,

and new ones shall
but the new tenant may not challenge any by costome, but have them on
sufferance.
[only] by sufferance of the ould tenants ; but that they leaue to
tine and keep so that his neigbor be harmelesse by the cattel
but if the[?/] be hurt, he shall be greviosely amerced, and largely

make amends to his neighbor for his trespasse.
35.^ Item, there is a certayne wood in brewood^ Kingswood, King John gave
to his tenants of
orift of Kinef John, sometime Kinoê of England
of : wicth sayd Tettenhaii a wood
to ease their rent.
. . .
wood^ he gaue to his tenants of Tettenhaii, in helpeing and ease- 3 (^sk
[* C'a led, added in

f 1 X ' , .
mg the ould rent of his tenants,

1 1 ^
in helping and easemg the b.]
ould rent, every man hime selfe [gave] in xxxiij.5., as well for added in b.]
'
the sale as the waste. And they did apoynt four men of the maTgot ssT.^'^^
mannor to keepe the wood, for the profitt of the tenants com- The tenants ap-
^ ^ '
pomt four men to
modyty^ of the mannor, and to deliver to the sayd tenants house andôdeii?e?the
boot and high boot,* as well of oke as of other wood they
haue ordayned a
wood
''
fforster,
to the profitt of the tenants.

^
by
J comon cost,
The king nor

'1 to ^
:
keepe the sayd

allso
his baylife shall

hedge-boSroali
^" otierwiê.
[6 Commodyti/, not
^-3
They also appoint
have nothing of the wood, but only amercements of strangers, at a forester,
the complaynt of the forster : and soe they have houlden the nothing thence
^ but amercements,
wood many kings
I dayesj. and the wood has
been held thus
[Andf furthermore, in the time] of king Edward [the first during many
re.gns.
* That is, house-hofe and hay-hote or hedge-hote (A. S. hege, hedge, and b6t,
These were the common rights of copyhold tenants,

aid, help, or advantage).
to take the necessary timber to repair houses and " stuff to make and
amend hedges " from the land leased to them. See Coke upon Littleton,
41b; Termes de
Ley, 195 a, 199 b. [L. T. S.]
la
+ In the older copy of the Customary, from the top of the page upon which
this paragraph was written a large corner has been torn away on the left
hand. The words within brackets fill up, in "B," the space answering to
the gap thus made in the mutilated Bye-law. [L. T. S.]
4 Si THE CX)STOMAU\ OF
mnMined long Shaiikai,] nonnc of king [Ilcnr}* the thinl, caino

** ooc Oliver Lcwiinl, wicl, ly licenlcc of the U'liunU, tooke thcr'

WMt [pUc( of the WiHxI ; ami l>ocaUHC he was of a Htrajn^^
blood, and not of the manor, [they onhiinod him to give to tlic
Lord a ccrjtainc nnt, and to l)e (f the houl(l[in^ us the tcnunts
WOT, In like] mannor came one Hugh Wrottcslcy, and, ))y
[leftve of tho tonnntj*, tookc likewise tlirec waste] places of the

wood ; ajitl l>ocause he was of a [Htrange blood,] and not [of the
niannour,] they npjKiynted him to giue to the lord a [certai]nc
pMmmi.mUtiim rent by the yeare, [and to] be of the* houlding as the tenants
r^* f*-**yi ware* altringe. And so they have ordayncd and houldcn, and
r*^rCMWMd ^^ hould/ from the time of King John untell this day.
BJ
GENERAL NOTE.
The original of this Customary is not known to exist. The oldest
copy known is the one fîven above, which, as is declared on its title, is
of the dale of 1604. Mr. Neve's later copy, from the same original, is
written on paper which bears the water-mark of 181 7, and as the dif-
ferences in It go 80 far as to show that it cannot have been taken from

thia earlier copy, there must have been in existence, fifty years ajô,
either the original Customary itself or another duplicate of it. In Mr.

"
Neve's MS. (in which the bye-laws are followed by a " true Rent Role
of the tenants) mention is made, at the end, of four separate copies,
one of which is described as " more antient, subscribed by a jury of

the tenants at a Court Leet; " the others were all made in 1604.
Whatever the Customary may be, there is no doubt

actual age of this
that it contains the bye-laws made by the tenants of the manor at their
Leet or I^w-day, from time to time; and is an imj)ortant illustration of
the exercise of the practice of making such laws for their own guidance
formerly in active use in every neighbourhood all over the country.
Winchester and Worcester have afforded other instances of the same
ancient practice, differing from these in details in proportion as the
corporation and the manor have grown up, different institutions,
developed from the same original germ. And this leads to the reasons
for the introduction in this volume of a document that at first sight
might seem foreign to its subject-matter. Regrets are now unavailing
that the note, full of research and intimate knowledge of the laws and
principles upon which English society has rested for ages, which my
Father intended here, was left unwritten. It must be enough to say
TETTENHALL REGIS. 439
now, that he would have explained the methods in use from the earliest
timeSjby which, when men met together in their different neighbourhoods
parishioners, villaners, citizens
they appointed some of
and others
their own number, sworn and their duty, to make the bye-
to the truth
laws to which all present should assent, and to inquire and see that
those laws were kept ; methods which, anciently having as a principal
end the maintaining of the peace-pledge and the rights of property,
continued to be kept up not only, in the words of Lord Coke, " for
conservation of the king's peace, and punishment of common nusances,"
but that the tenants and resiants should have justice " done unto them
at their own doores without any charge or losse of time " (4tli Institute,
p. 263; 2nd Institute, p. 71). How the spirit which guided them,
though the forms might be changed, had ruled through these and like
institutions, from the days when Domesday Book was given in as a
true record of the finding of the juries of all the country ; to the times
when the Sheriffs sent in their returns of how men, on their own show-
ing, demeaned themselves in their social, commercial, and other
gatherings in Gilds; and again, when the Courts Leet and Courts
Baron of the most insignificant parish or the most important city alike
were discharging their duties to themselves and their neighbours ; and
how it was still the same English spirit of mutual responsibility and
self-reliance : and more would have been clearly shown and
all this
have been by quotations from record and manuscript.

illustrated
In the absence of this exposition, the following passages from a letter

published by my Father in the Birmingham Journal of 4th May, 1867,
will not be inappropriate here, while the subsequent quotations, sug-
gestively given, will serve to carry on further the story that
by is told
the Customary of Tettenhall.
" There were in Birmingham, as elsewhere, two distinct Courts and
sets of Records ; namely, the Court Leet, with its records, and the
Court Baron, with its records. The distinction is important and signi-
ficant. Every male inhabitant, of fit age, was bound to attend the Court
Leet, and was liable to be fined if absent. AX the Court Baron, only
those were bound to attend who held land under the custom of the
manor. Both were popular assemblies ; and the study of the system
of local self-government, which each of them worked very effectively, is
one of the most interesting and instructive studies that any lover of
free institutions can take up.
" But the Court Leet was a court chiefly of criminal procedure; while
the Court Baron dealt with the rights of property, and the course of
inheritance, and the different obligations that existed between the lord
of the manor and the owners of land. Each Court had the power of
making bye-laws ; and these bye-laws were of the utmost imj)ortance
to the welfare of every place. No lord of any manor could impose
|.|4} THL I "I lil lii I ^ ' 'I
could only W ninde in ihc o|>n Court ; and it rcfled
with ihr Court ilclf to dcclnrr what the cti8t<nns of the mnnnr were."
THIrohall Km fnvrn an inxtanrc of thocinlxMiimci.t of kucIi cuRtoms
iolo a abanding
**
Customary." WUal next follow mIiow ihcm in use
in olbcT pUctv, and gxvt an inHtancc of how they were declared.
Tlic C4urt Hi'lN of nu^hpy in Ilrrtfordhhirc, exti'iidinjf from ihe
15th of Hcnr)' VIII. to the ^Sih of Kliznhcth (if,23 to i-/;6j, which
fell into my Falher's jwnRcajiion, are in a very |>erfect state. The records
of the Court I>eet and of the Court Baron are sewn up together, hut
though they often appear to have hcen held on the same day and are
then recorded on the same strip of pardunent, they are always kej)t
cntirrly distinct. Tliey are written in Latin, much cot.tracted, as was
usual in such documents. At the "View of Frankpledge with a
Court " held on 27lh July, in the ist Edward VI. (154S), a jury of
thirteen is sworn they present upon their oaths that eleven named
;
men owe suit to the View [that is, have come to the court]
ought to
and make default, each is therefore amerced. They i)resent " that
Uumfrey Cor!?ton and John ftbxe are the common bakers of man's
bread [in distinction to horse-bread, see before, p. 366] and have
broken the assise ; " also " that Thomas Ravcnsby, John Smythe, and
Thomas Hamond are the common brewers of ale, and sell by unlawfid
measures [vasa]
;
" also *'
that the common tipplers sell by measures
not seale<l," all which offenders are then amerced. On i6tli Aj)ril, in
the 22ni\ Elizabeth (1580), we find the jury (sixteen men) ordering
" that ITiomas Atkines shall scour his ditch before the feast of the
nativity of St. John the Baptist next, under pain of forfeiting to the
lord, for every yard, iu']d; " four others are ordered to do the like : it
is also ordered that no one shall break the hedges," that two other
*'
men shall " remove their dunghills," and that " every one shall ring
his swine before the said feast of Pentecost," all under ])enalties. At
this I>eet too were chosen, as usual, the officers for the year, constables,
hcadlniroughs [cajjitales |)legii], and ale-tasters. At the Court Baron

of 27lh July, ist Edward VI., the sworn men of the homage jjiesent
that " Uumfrey Conyngesby esquire, AVilliam Blakewell gentleman,
Ilenr)' (Joodyere gentleman, Robert Smythe, Dorothy Pavyor widow,"
and others owe suit to the court, and, making default, they are
amerced. Among other presentments, the homage say that a " rent of
ten shillings, arising from a certain mill called
Watford Mylle," was
not paid " on the death of William Davyd to the bailif of the manor ;"
that " Richard Scott, holding by custom of the lord, has died since the
laat court, who at the time of his death held of the lord for himself and
his heirs, according to thecustom of the manor," certain properties,
and they declare what heriot is due, and who is the right successor,
who i then admitted in full court. On the 28th June, 8th Elizabeth,
BUSHEY, HEllTS.
there was held a Court Baron, apparently the first after the succession
of a new lord to the manor, when the property, and the tenure by
which each was held of a long list of tenants, were declared. It is to be
supposed that there was needed some reminder of the customs or bye-
laws of the manor at this time, for at the next court, held 7th February,
9th Elizabeth (1566), after the usual business, there is entered on the
Roll a document which is in fact a " Customary " of Bushey, the origin
of which is thus stated :
" Whereas at the last court the homage were
ordered, upon their oaths, to present at this next court held for the said
manor what the customs of the said manor may be, upon certain
articles then given in writing and in order by the steward of the manor 5
the homage have come, and present in writing as follows ;* The
Aunswere and verdytt of Walter Wythe, Robert Blackwell, [and nine-
teen others] custumary tenaunts of the mannor of Busshey in the
countie of Hertf., to certayne artycles gyuen them in charge vpon ther
othes to enquyer of by Andrewe Joyner gent., lorde of the sayde
mannor, touching and concerning the customes of the seid Mannor of
Busshey. Imprimis, to the fyrste artycle we saye that no copy holder
at thetyme of his deathe dying seased of twoe coppyhokls hath payde
any more then one quycke herryott, by the tyme of our remembraunce
or before, to our knowledge. Item, to the seconde we saye that the
lorde oughte to haue the seconde best for hys herryott, and the heyer
the beste. Item, to the thyrde we saye that no coppyholderthat doeth
surrender hys coppyholde oughte to paye any herryott vpon the sur-
render of hys coppyholde excepte yt be in extremis of deathe. Item, to
the fourthe we saye that the lords of this mannor haue neuer de-
maunded, nor any coppyholder payde, any more for ther fFyne then one
yeres rente of the lande. Item, to the fyfeth we saye that the wedowe
after the deathe of her husbande shall haue the thyrde parte of the
rente of the lande. But not the thyrde parte of the lande excepte yt
be surrendred to her by her husbonde." The answer to the twelfth
question lets us into a reason for making a new customary, " we knowe
not where the courte rolles, rentalls, or customaryes of this mannor
are remayning, or in whose custodye," though that the Rolls for a
period of more than forty years previously were afterwards found is
proved by The
their present entire existence. go on through replies
a number of customs, too long to give here.
The Roll of the Court Leet of the Manor of Bromfield, Shropshire,
for the 2nd October in the 4th year of James I. (1607), also in my
Father's possession, after the names of the tenants and jurymen, gives
* This preamble is in Latin, the "Answer" is in English; besides being

entered on the Roll at length, an indented copy of the original, signed by
th6 homagers, is tacked on to the middle of the parchment strip.
441 TUB COIRT ROLL OF UKOMKIKLD.
IIk pffsrntmrntA and tli^ ordrr* inn<Ir for t-.u h hainli'l witliin the jiiris-
dklioQ . f ihc court. Amonn those are the fc.Ilowin^ : By

' W" L:me
am) John FarlouT, pirwnt W rinfjell for dryvin^ caltcll throw the
lonlahip, contrwry to a former onh'r, uherehy he hath forfeled the
pc :r ' '
^c thi laytl down f)r 8nehe ortViiders, the |Min heinjj[ v.v. . . .
Ai . .rt, with ihasjicnt of the I/orde and tennanls, i)ai all liiiniial)!-
tant* of this lordnhlp yoke or rinj? their swine suHicicnlly and soc kepe
them fnm tvme to tyme. vpon peine of \\']<l. eiiery one making default.
. At thiH court, for avoyding of conlrover.sics hetwext NV'" Lane and
Rach. IWvan: It is now with the I.ord8 consent, and assent of VV Lane,
ordcrcil, that Richard Hevan, who hath broken the lords former order
bctwext them, shall hensforlh have and rejiosscde two Ridfês hitherto
in controuerpye, and so save the sayd Lane from harmes with sufhcient
bcdfê and diche of his lande adioyning. And this vnder j)eine of \s.,
a curia in curiam. ... At this court, for avoyding a controuersye
betwext John wijrley and John Chepp concerning the right vse of a way
at a place called the water-ljyde, Richard Genins and George ifaulkoncr,
and on the behalf of John Wigley,
produced in open court as witnesses for
being sworn before the stuard and homage, depose and say as folowclh.
I. Richard Genins sayth that margory Davies, sometime dwelling on
Chep street, wold not remove her habitacion onles she might haue a
way conveniently and quietly to passe from the kings high way to and
from a pasture called lladwell, wherevj)on Charles f!b.\e esquire,
father of Sir Charles ffoxe knight, and nowe L. of the manor, aj)poynted
and gave her a free way out from Hadwell to the kings high way, as
well vpon the lande belonging to the tenement she had by exchange as
also vj>on other lande she had by gift and exchange of other landes
taken by the said Charles fToxe esquire of John Maunders and Roger
Hill. a. George ffauconer likewise sworn, deposeth and sayth as the
former deponent, that the said Margerie Davies, making an exchange
of her tenement by commaundraent of the said Charles ffoxe esquire,
had a way sett down, which is nowe the way
for her appoynteJ and
where the hedge goeth by, whiche way was over the endes of John
Preecea, Maunders, and Hills landes, left by Genins who plowed those
lande. And so the said Margery vsed that way continually during
her lief. And vpon this the way ordered accordingly. ... At this
court also, with the agrement of the lorde, it is ordered and concluded
by the homage that John Hill shall haue, vse, and occupie the Pytt and
tree* thereon growing, and according as his ancesters vsed the same,
and as his witnesses have proved, wherunto the homage vpon their
oath haue geaven their verdyct."
These are but some out of numerous illustrations of the doing of
*
own doors " by the people themselves, once in use all
justice at their
over the land. [L. T. S.]
443
APPENDIX I.
[Gild op St. George, Norwich.*]
of the Fader Sone and the Holipfost, And

IN the Worschepe ^ * The Gild was
begun A.D. 1385.
of oure ladi seint Mari And of the glorious martyr Seynt
George And of alle goddis holy, there was begonne a fraternite
the 3er of oure lord a nl.iijc.iiijxx. and v, the 5ere of the regno
of king Richard ]>e seconde after the conquest viij., in the
* From the Rawlinson MSS. in the Bodleian Library, Misc. 1370. After
the earlier set of ordinances of the same was
Gild, given before on p. 1 7,
in print, this fuller set of ordinances was found among the Rawlinson
MSS., for a copy of which, and collation of the print, readers of this
work are indebted to Mr. G. Parker, of Oxford. The original is in the
form of a book of eight leaves of vellum, i2| by 8| inches in size, of which
the edges have been cut, thereby slightly injuring the text. The first
page is very indistinct, several words being nearly illegible, but with the
help of the next mentioned, these were able to be made out.
A third set of ordinances, nearly but not quite identical with those
printed in this Appendix, is Account of the Company
to be found in an '*
of St. George in Norwich," taken from Mackarell's MS. History of Nor-

wich (1737), and printed in vol. iii. of the Transactions of the Norfolk
Archaeological Society, a copy of which I have received through the kind-
ness of Mr. J. L'Estrange of Norwich. The ordinances are said to have
been copied from a folio MS. belonging to the Company, **Book I,
marked A," and so closely resemble those here given as to show they must
have been taken from the same original. In one point they differ, the
date of the foundation of the Gild put as 1324, 18 Edward II., sixty years
is
earlier than the date given in the Rawlinson MS., which herein agrees with
the Retvirn made to Parliament (see before, p. 17), This date, 1324, is pro-
bably an error of the transcriber ; the Letters Patent and License of Mort-
main granted by Henry V. in 141 8, cited above, speak of the Gild as
"for thirty years past and more continually governed," &c., which points
to 1385 as the true date. (SeeMadox, Firma Burgi, p. 24, ed. 1726.) The
Gild of St. George grew into great power and importance, and close con-
nection with the Corporation, as is shown by the ** mediation " made by one
*'
Judge Yelverton, betwixt the Mayre, Shreves, and Coalte of the Cite of

441 ArrRNDix i.
Cnthf^lnil chln-hr. iit the luio autrre aforn t\\v Triiiito on the
lu.uth niilr, in N>rwioh. Qwirli Fratrrnitc and i^\t\v was in
purty lccuon! l>c c<>ntitni'ion and onltnauncoK mad witliinnc

the forncitle Cito. Qwcrforc that seyng, linoi-(' pcrsones wcl willid
and utirtxl to |>c douotMoimo of \>c glorious martyr fornoyd,

so^lirn and pursuodon withgi'cte* lalMUir aiul lu'sines to the king
for grace to continue hir deuocion, and to Imue the name of
Fnitcrnito and (Jildc of bretlicrcn and Kustcrcn of 8eynt George
for hem and her sueeessours euermorc with-oute ende to en-
fai duren. Qwerfore gracious King Ilerry tlie V^ after tlie con-
quest, the jerc of his regne the v*, considering to the good w il
and deuocion of the forscide, and for augmentacion of more

deuocion of his peple to god, and to all liis holy, and to tlic
glorious martyr Seynt Georg, and to the fraternitc and Gyldc,

hat^ graunted, radefied, and be his Ictteres patent confermed, |)at
the forseid fraternitc and Gylde of hrcthercn and sustercn jjutarn

and schulhen, to ben a jK-rpctualc communite fro this time forth-
ward euerclastyng with outen ende, and to haue and to here
the name of Fraternitc and gylde of Seynt George in Norwich
with-oute ende.
Norwyche " and the Aldermen and bretheren of the Gild, in 1452 (printed
in the game Transactions), as well as by some of their ordinances (see after,
p. 45a). The liflt of name8 at the end is interesting for the testimony it
affordj) who joined the Gild, men of rank, both lay

of the sort of persons
and ecclesiiuitical, being enrolled amon^ them, and evidently having served
in ita officeH,
and of the large number these reached. Blomefield, who
given a long account d the Gild, with Bevcral curious inventories, in his His-
tory of Norfolk (1 745), vol. ii., mentions the names of many famous persons
who belonged to it in different years, among which in 1495 is that of Sir John
Tastoit. Many rolls of accounts and Ktooks of the Gild are still extant in the
archives of the Corporation of Norwich, reaching back as far as the reigns
of Henry V. and Henry VI., and the gleanings from these that have been
printl show its wealth, and the rich stores of goods and jewels used in the
grand and Btately pageants or "riding" of the brotherhood on St. George's
day. One among the relics existing when Blomefield wrote was an ancient
word of wood which had " the dragons head carved at top, sent by King
Henry V.," which used to be carried before the Alderman of the Gild and
the Mayor of Norwich as the ex-Aldennan (vol. ii. p. 894). [L. T. 8.]
Thia word is not clear, but stands thus in Mackarell's MS. See last
note.
GILD OF ST. GEORGE, NORWICH. 445
Also oure oTacious King hats graunted of lies speciale grace Recital of the
^
heads of the
))at the bretheren and susteren forseide and her successoures Letters patent,
êrely chese on Alderman and Maistres, for to make and ordeyne

honest and resonable ordiuacions and constitucions, qwicheuer
[hern] thinketh most best and expedient for gouernaunce of the
Fraternite and Gylde.
Also to ben cladde in o sute of clothyngge. And to kepe hir
fest in competent place be the alderman and maistres assigned.
And also for to haue a comoun scale.
Also the King of his most plenteuous grace hat^ graunted and
leue jeuen for him and his eires, to the Alderman bretheren and
susteren and to successours of the fraternite and Gylde, that thei
mown purchace and hold to hem and here successours londes
rent is and seruises within the Cite forseyd to the value of xU.
5erely, for the sustentacion of prestes to sing and preie êrely

in the chirche forseid for the state of the king and bretheren
and susteren qwil thei arn liuyng, and for the soules of the King,
his progenitors, and the bretheren and susteren, and alle cristene,
and for sustentacion of the fraternite and Gylde forseyd; and

othere dedes and charges of pite and elmesse, be the ordenauns
of the Aldirman, maistr[es], bretheren and susteren therof mad.
And for as mikil as ye King hat^ graunted and leue 5ouen to the
Fraternite and Gylde forseid to make ordenauns most leful and
expedient to the Fraternite and Gylde forseid within hemsel[tte],
it is ordeyned be the comoun assent of ]>e fraternite, jât alle the The Feast of
St. George shall
bretheren and susteren of the Fraternite schullen halwen the day be kept on tiiat
Saint's day,
of Seynt George 5erely, on qwat day so it be-falle 5erely vp.
Also thei schul kepe her diuine seruise of bothe euensonges

and messe in the cathedral chirche forseid, and othere obsar-
uaunces of the fraternite ordeyned.
Outaken bat the day of Seynt George falle thre dayes aforn if st. George's
day fall witliin
Esterne day, or thre dayes after : and if it so befalle bat the

^
three days before
or after Easter,
^
day of Seynt George falle on ony of the seuene dayes

J forseid,? the tiie otwcers of the
Gild shall appomt
, ^
aldirman and ]>e maistres, be assent of jê bretheren ordeyned for ^ ^'^^y-
the assemble of xxiiij for jjat jere, schul ordeyne and prefixe a
day.- On qwich day alle the bretheren and susteren schul kepen
4141 APPEXIMX I.
ftll Imt obten iaunco* of her (Icuyiic nrniiHo aforn rchcrcril, and
krpe her ntl)iig, luul liHiien niul >vcren her clotliynp^, aiid IioIdcMi
bflrfeitf.
Umtftil AUo it U ortlejnicHl [mt allc tlic lritlicron Bohul he cluddc in
wte of guwnea o jerc and another jerc in o swtc of hoiles.
Qwich gownoa and hiKlea euery hrother seliul kepc honestly,

in the worachipe of Seyut George and of the cun)])ane, tweye
jere.
And if it like him no lcnj;ger to were it, qwat hrother so he

be, |>at he neither jcue ne selle it to no manere of persone,
utithrr within the Cite ne with-oute, but if he chaunge or do
chauuge |>e eloth of colour. And qwat brother )>at is founde
with this defaute, he sclial pay for a goune vjs. viijf/., and for
an hoiKl 'i\}s. iiij</.
Also it is ordeyned )>at no brother beye ne were no manere of

clothing as for tlie liuere of Seynt George, but of tho men qwichc
arn orde}'ncd and mad beyeres of ]>e clothyng be ]>e comoun
assent of the fraternite for j>at jere, outake |>at othere ordcnauns
Ijc mad be the Alderman and maistres, pena x\d.
LNyrik* Also it is orde}Tied |)at euery suster of the fraternite and

Gilde schul ben cladde in o Swte of bodes, that is for to seye
reed, j)ena xxd.
Also |mt euery brother and suster sclial ben at forseyd messe
fro the beginnyng vn-to tlie ende, and offre half-a-peny in ]>e
worschip of |>e Triuite and of the glorious martyr Seynt George.*
Ptaaftjlbrab- And qwat brother or suster ]>at absente hem in time of Messe
with-oute speeiale leue of the aldirman, he schal paye to ]>e
fraternite for |?at defaute.*
Also it is ordeyned jjat the alderman and maistres schul

Tom. aosigne a day for asemble, beforn ]>e day of Seynt George, on
qwiche day thoo xxiiij or the more part of hem schul chesen her
itrtktday.
George, and a man to here his swerd and be his keruere tofore
him. And a man to here |?e banere of Seynt George, and tweye
men to here |>e wax, or do beren with honest persones, and to go
In the MS. the pen haa been Htruck twice across through the six lines
in which these two articles are written.
. .
GILD or ST. GEOPvGE, XORWTCH. 447
with hem. And qwat man denye or forsake the ofFys he is chose
to with-oute resonable excusacoun, he schal pay pena, vjs viijcZ.
And at that assemble tlie Aldirman and maistres schul make

relacion and knowyng at qwat place the bretheren schul gadre
for her ridyng.
And at qwat place the bretheren and sustren shul fetten her
wax.
And in qwat place thei schul ete togidre, pena . .
Also it is ordeyned on the day of Seynt George, or elles Every brother is

*' ' '' '
to be oil horseback
another day assio^ned as it is beforn reherced, bat euery brother * ^''^ t'ê and

^ r 7 ./
place appointed.
schal be in his liuere for that 5ere on hors-bac at certeyn place,
be oure and time assigned and ordeyned be the aldirman,

maistres, and b6 the consent of the xxiiij chosen for Jje semble,
pena xl[<i].
Also qwan Jje ridyng is don ]?at euery brojjer and sister be wax tapers for
redy at place beforn assigned, at fettyng and bering of her wax

and ofFren it vp at the heye autere of the chirche forseyd, in
worschepe of the Trinite, oure lady, and of the glorious martyr

Seynt George, ther to brenne, pena . .
Also bat euery brother and suster schal be at Messe fro the offerings at the
mass.
beginnyng vn-to ]?e endyng, and offre half-a-peny in J)e worschip
of the Trinite and the glorious martyr Seynt George. And qwat
brother or suster ])at absente him in \>e time of Messe withoute
speciale leue of ]>e Aldirman, he schal paye to the Fraternite iJ5.
Also it is ordeyned qwan the messe is seid and ended, alle the Afterwards all are
to feast together.
bretheren and sustren schul honestly gon to her mete, to place
assigned be the aldirman and Jje maistres, and there for to ete
togidre, euery brother and sister payng for her mete, wax, and
minstrales, x [dj. And qwat brother or sister absente hem fro her
messe and mete, if thei be with-in xij mile in ony quarter about
norwich, thei. . . . vp peyne ij li. wax.
Also if ony brother or sister be visited with sekenes or ony sick bretheren
other laweful lettyng, he schal sende for his mete if he wil, and have their meat if
pay as another brother

1 1 Ti
doth.
A
And 1 'f
if
1 '
thei wil not

!
come ne
they send for it.
sende as is reherced, he schal his dute pay with-out ony excusa-

cion, if he be of power.
448 ArrRXDix I.
t>mB iHk Abo qwmt linUlicr or sister tlwi-lle with-out )>c Cite of Nor-
wich xij mile or more, nml may no^jth come to messo uml imtc,
he clml imyc for wnx niul iiiiiiHtraleH vj/. Ami hut if lir hcikIo
tbo funicitle vj/. and Iuh tlute, uiul for liiH dnlo tljiyoH of jiat joro,
to ^ RltlcniiAn niu! mnistrcs of the f<*stc with-iii fourtcue daycs

aAer Je tiny of S*'yut CJeorgc, he 8chal jmy [xl(/.]
KMWlk*^ Also |>at no brother |)resunie ne take vi^m liim t<> niaki' no
maistri, ne for to nictlK' on the day of the fcsti'. hut if he bo
aasigned be the aldirnian and niaistrcs, vp the peyneof vjj. viij'/.
Abo it is ordeyued jnit euery brother and suster schal on |)o
festiu) ihiy after mete ben at eucsong, and preye for the heltlie
and good prosperite of the Kyng and brethcren and .sustrcn of
the frateniite and alle trewe cristene.

AMftwrvka. And after [)at, to heren Dirige preyng for the soules of })e
prt>genitours of tlie Kyng, and for the soules of tlic brethcren
and sisteren of the Fraternite ; and Jjat no brother ne suster

absent hem fro this diuine scruise vp peync iij //. wax.
Also it is ordeyned, jjat on the next day after \>e day of Seynt
George, Jwit euery brojjcr and suster of tlic fraternite forseid
sehal eome to |>e chirche forseid be viij of the clok, |)at is for to
seye be oure ladies belle, there for to here a messe of Recjuicni

preMig for the soules of alle the brethcren and sustcrcn and for
alle cristene. And at Jmt messe euery brother and suster schal
offre a ferthing ; and fjwat brother or suster be absent fro this
messe schal pay iij li. wax.

Also it is ordeyned qwan jjc messe of Requiem is seyd, er
BtttTwr.
than \>e brethcren and sustrcn gon to mete, than schal \>e aldir-
man and maistres namen xij persones of \>q fraternite wliiche

haue lK*n maistres and bore charge and cost, for to chese and
name on aldirnian and tweye maistres for the jere folwyng.
And |>at no brother presume to take vp-on him in no manere
wise for to lette, stourbc, nc geynscye, |jat ellcccioun so mad be
)>e aldirman and the niaistrcs forseyd, vp pcyne of xx5.
Also it is ordeyned for more esc and profyt to the fraternite,
|>at the aldiiman and jje maistres so chosen onewe, schul chesen
tweye persones of the fraternite to ben felas with hem, f(;r to
GILD OF ,ST. GEORGE, NORWICH. 449
make jie feste and beye the clothyng.* And jjat Aldirman so
chosen refuse J>e office he is chose to, schal paye to J>e Fraternite
xls. And a maister, xxvJ5. viijt/., whiche schal be rered be \>e
Aldirman and surueours being Jje êr before.
Ouermore the Aldirman and tho foure so chosen schul namen xiiere shall be 24
xxiiij persones off the Fraternite qwiche schul standen for |>e mon council of the
sembles the jer folwyng, of whiche xxiiij vj schal be for \>e
attendauntes to ]?e aldirman, and tho vj and xviij schal ben for
})e hool semble j whiche xxiiij schul ben of hem Jjat haue ben
maistres beforn.t
Also the Aldirman and the foure maistres so chosen onewe Two beadles,
schul namen a bedel for Jjat same 3eere. And the elleccioun
anojjer.j
And qwan the Aldirman sent oute his Bedel for to warne and The bretheren
must attend on
haue assemble of bretheren, but be more part of tho xxiiij aforn the summons of
the Alderman.
reherced come at the sendyng of the Aldirman, euery brother
of tho j)at ben absent schal pay ij li. wax. And euere othere not
in J)e eleccioun xal pay j li. wax.^
Also it is ordeyned bat tho xxiiij, or be more part of be for- The Alderman
shall have a
seide, shul namen o persone of the xxiiij or ellis another of the deputy in case of
sickness.
Fraternite, qwich hem thenketh most able, for to be a depute to
the Aldirman and to ben of conseile with him. For as mikil it
falle so J>at the Aldirman were visited with sekenes, ocupied, or

letted be ony leful cause, than schal jjat persone so named be
J)e xxiiij forseide stonde as Aldirman. And qwan time is to
send ]>e Bedel to somoun the bretheren and susteren for ony
cause J?at is leful nedeful and spedeful to the fraternite, J?at
euery brother and suster schal be obedient to him at that time,

lyk as he shuld be to jje aldirman if he were present, vp jjc peyne
vjs. YUJd.
Also it is ordeyned |>at euery Aldirman schal be redy with Annual accounts.
* The words " and beye the clothyng " are crossed through.
+ Between this article and the next occur a few Latin words, " nota de
aldenn eligendne defamet, &c."
X After this occurs another Latin " nota, vt eligantur constitut* semper
in die ellect, &c. pena x. . .
."
^.Here is another Latin "nota . . .

."
29
130 APFKNUIX I.
m4 kU AOOmpics withinne xxj dayes after jx- day df Scyiit
^wi^tk* George, to )if a trcwe aiul du rckkonyng to |h> ikwo Aldirnian,

audttres, aiul to |>o brcthcrcn of |>o fratcrnite, |)at is for to seyo
of allc rcco)i4?a and payiiiciites (pvichc he liatj rcsccyucd and

pajred in the ^crc aforn ; and for to doliuorc, be bille cndcntrd, to
the newe Aldirman and maistres, allc niancrc of ornemens and

other diuorse ncsccsarios to the fraternitc longynge, vp the pcyne
ofxU*
ium4mitk AIbo )>at eucry brother and suster be gouerned and reuled be
iM 10 h* the Aldirman and maistres in ridyngge, and alle othere eomniuni-
csoouns leful nedeful and spedeful for |>e Fraternite. And <i\vat
brother or suster wil nogth obeye to \>e Aldirmans conimande-

luent as is forseid, he schal pay vjs. viij'/.
Also it is ordeyned |)at ]>c Aldirman schal not resceyue ne

moke no brother ne suster with-out consent of \>c xxiiij for |?e
assemble, er |>e more part of hem, and jjat euery man so resceyued,
be \>e alderman, maistres, and be the forseide xxiiij persones, shal

pay for his entre vj*. viijr/., and a woraman iijs. in}d., for whiche
entre euery brother and suster schal fynde sufficiaunt surete to
be payd in the fest of Michelmasse next folwynge.
Wdo Also |;at no brother ne suster of j>c Fraternite forseid mak no

d'^r*'" debate, on with another, on jje day of j>e feste and ridyngge, ne in
no time of ridyngge qwan thei falle, pena xxs.
And |)at no brother ne suster in no manere wise reuile, despise,
ne defame on anoj)er, qwerthorw jjat ony sclaundre, heuiues, or

hindring migth falle or come to the fraternite forseid, vp peyne
xx.+
ineMaafqian*! Also it is ordcyucd Gwat brother or sister fele hem agreued in
Um iMUw tliall
> irid b#Bw the ony manere of cause on with another, jjat is to seye of ]>e Frater-
nitc, thei schal compleyne hem to ]>t aldirman and the maistres
of her causes and greuaunces, or thei pursue. And than schal the
Aldinnan and the maistres bisie hem in as moche as in hem es
with-in the xv dayes after Jjat the compleynt is mad, to here and
* Tlie copyist at first wrote xx., which has been crossed out, and x\s.
rabstituted.
+ Here vj. viijd. was first written, then altered to xx.
;
examine bothe parties, and to sette hem in pes and reste if tliei
mown be ony wise.
And if the aldirman and maistres may nogth bring hem to without whose
onehede and acord with-in |)e time forseyd, than be consent of may not go to law.
the Aldirman and ]>e maistres they mown sue Jje comoun lawe
and elles nowght.
And qwat brojjer or sister jjat is founde rebelle and contrarious
ageyn this ordenauns, he schal pay xls.
And ouermore if the Aldirman and maistres be necligent and Penalty on the
Alderman and
bisie hem nogth for to bring hem to acord as is seyd, the Aldir- Masters if they fail
in their duty
man schal pay to ]>e Fraternite x\s., and the Maistres euery of iierein.
hem xs.
Also it is ordeyned that be Aldirman and maistres schul sif Tiie livery cannot
be purchased by
no clothynor to no persone in moryno^
J o the pris of the liuere, with- offering a higher
*'
....
L-
price, without the
oute consent of the xxiiij chose for the assemble for jât êre, or consent of the 24.
]>e more part of hem, pena xxs.
Also it is ordeyned qwat brother or sister of the fraternite Help to poor

bretheren.
falle in pouerte be the wil of crist, he schal be releued and hulpen
be the bretheren and sustren of the Fraternite with viij(i. in J?e
woke.
To qwiche releuyng and helpe euery brother and sister schal
pay a fer thing in the woke to the offi ceres therfore assigned.
And if more be resceyued of the bretheren and sustren of the
Fraternite, it schal be disposed for ]>e profyt of the Fraternite
and Gylde forseyd.
Also it is ordeyned qwan ony brober or suster deye, the aldir- Burial services for
the dead bretheren
man schal send his bedel to jif warnyng to alle bretheren and and sisteren.
sustren of ]>e day of Sepulture, ]?at euery brother and sister schal
be at Dirige in his liuere, old or newe, and principaly with her
hodes, there for to preye for the soules of alle the bretheren and
sustren of |)e Fraternite, and alle Cristene ; and qwat brother or
sister be abssent and wil not come to jjat Dirige, he schal pay j li.
wax, with-oute resonable excusacoun to ]?e Aldirman and his
felawes.
Also ])at euery brother and suster schal on the morwe next offerings for the
folwyng ben at Messe, at qwiche messe euery brother and suster

I5S ArrKNDix i.
fflfcal oAtO a forthin^. niul îf n Arthin^ to elmcRSc and a {>< ny

for ft meMC, qwich mouse pony nml fortliin^ sclml l)c roHcoyutd bo
the colictour for the jore chosen. And (.f the Kclf siluor tlic tlode
chftl hnuo twoye Camlelifl peis and viij //. wax, and iiij torclies
bronnynj; in time of Dirigo and niessc. And jiat no brother ne

ftustor absonto horn fro this messc fro bcginnyng vn-to the cnde,
with-outo gjH'oialo lone of the Ahliriuan, v|> poync j 11. wax.
nm^mmmm Also it is onloyned )>at eucry man willyng to be brother of
*ti^ this Frateniite and Gylde, and desiryng to be discharj^cd of eucry

nianerc of offys K)ngg}ng to |>c Fmternitc and Gylde, he schal
|iay for his cntrc xl., or xxvj.y. viij(/., or at leste xxs.; and payng
jorly |>e deute of elmes and obitcs and otherc costes, as another
brother doth.
MtmhtnotoOtm Also it [is] ordcyncd Jât alle men jjat arn to ben resceiued in- to
this Fraternitc and Gylde, and ben liche in time comyng to

ben drawen vn-to \>c estat of Meyr, schreue, er Aldirman of
Jhj Cite of uonvicb,^-or elles arn in otherc cumpanyes and cloth-
}Tigge and schul nogth vsen ne weren gownes and hodes of \)e
liuere of Seynt George, ne ridcn ne gon in \>e liuere of Seynt

George, as it is beforn seyd, as the more part of the brethercu
vsen and don, iche persone so resceiued schal pay for his entres
xh., ij marcas, or xxs. at leste, as it may ben acorded with jê
gouemours for |>e tyme being. And fynde surete for his entre, or
cllis nogth to ben resceiued.*
rM u> b* p*id bj Also bat eche man bat schal be resceiued into be seyd Frater-
r (ijtatn into ' ' j ^
nite, and is lyk to here Alle offices and charges, schal payc for his
entres vj. viijc/., as other men )>at haue born charges, and fynd
surete for the seyd entres. And euery womman j>at schal ben
resceiued for a suster schal pay for hir entres xlcZ., and fynde
Burete for |>e seyd entres.
* Between this and the next article was a paragraph in Latin of which
only the following words are legible :
FraternitatP recept feret inus

termin v annorum &c.
diet* Frat? recipiend" in registro
fuerit recept* et ingress' sues
persoluLss', &c.
Johannes, Archiepiscopus Smemiencis. Names of the

bretheren and
Henricus, Episcopus Norwicensis. eistrenoftheGiid.
Johannes Wakeryng, Episcopus Norwicensis,

Thomas Ringnan, Episcopus.
Thomas Colby, Episcopus.
Comes Suffolcfi.
Monsieur Sir de Morlee.

Rogerus Boys, Chiualier.
Willelmus Calthorp, Chiualier.
Thomas Gerbrigg, Miles.
Robertus Carbonelle, Chiualier.

Willelmus Phillip, Chiualier.
Johannes Fastholff, Chiualier, vxor.
Henricus Englose, Chiualier.
Brianus de Stapiltoun, Chiualier, vxor eius.
Thomas Kerdestoun, Chiualier.
Simon Felbrigge, Chiualierf et vxor.
Willelmus Pastoun.
Willelmus Sheltoun.
Rogerus Felbrigge.
Johannus Roys.
Magister Willelmus Bernham.
Dominus Rogerus Prat, Magister Sancti Egidii in * * (sic.)
Willelmus appiljerd, Maior.

Thomas Wetherby, Maior, Margareta vxor eius.
Ricardus purdanus, Maior,

Willelmus Sedeman, Maior.
Robertus Baxter, Maior.
Thomas Yngham, Maior.
Johannes Cambrigge, Maior.
Robertus Chapeleyn, Maior.
Bais a Monesle, Maior.
Johannes
Dominus Johannes Brown.
Dominus Rogerus Wissyngcete.
Dominus Henricus Wiltoun, Katerina soror eiuS.
\PPP..VI)1X I.
4S4
Dmminus Jt.hannc Ktntyng.
/>omiritiJ J '
^ Cannor.
Domuma Ti- ...... Slmryni^toun.
Jlomimn Johannes \VI)}t.
Jktminuf Johannes Keterynj^ham.

Jômmut Nicholas noth, lifdnr dc taslmrgh.
Dominus Rol>ertu8, Rector .Tulianis.
Dominus Tliomas Bladsniytli.
J)ominu3 Willelmus Cra.sk.
Dominus Johannes Catrap.
Domiyius , Hector Spikcsworth.
Magistcr ho.tpitij Sayicti E(/idij et Hector de ErpjTigham.
Thomas Prat, Rector Cloniencis.
, Rector de Burnchani.
Magister Thomas Sharyngton.
Magi!<ter Johannes Thorpti,
Frater Willelmus Gedeneye.

Frater Adam Ilolibesse.
Frater Tliomas leek.

Frater Thomas Besthoi-pe.
Thomas Danyel.
Thomas Wetherby.*
Johannes Aldirforde.
Ricardus purdaune.*
Johannes Thomeham.
Robertus Randes, Alicia vxor eiU9.
Ma/jister Johannes Exestre, Isabella vxor eius ; sub condi-

cione que sequitur, videlicet quod Idem Johannes
Excestre nunquam debet invitus onerari cum allfjuo
officio dicte gilde siue fraternitatis nisi si et quatcnus
idem Johannes hoc consentire Putens

crant in d
Reginald Berle, Aldremannus Johannes Mayor.
Nicholaus Wylde.
Willelmus Grey, vxor eius.
These names are all crossed through in the MS.

Stephanus Furbour, vxor eius.
Reginaldus Berle, Margareta vxor eius.
Clemens Rasch.
Augustinus Bangge, Emma vxor eius.
Rogerus Boll owe.

Johannes Erleham, Margareta vxor eius.
Willelmus vice, Bladsmyth, vxor eius.
Robertus Lawnde.
Johannes Hawkes, vxor eius Emma.
Johannes Bilagh, vxor eius Margareta.
Petrus Brasiere. Edwardus Glouere, vxor eius.
Johannes Polloyne. Galfredus Glouere, vxor eius.

Johannes Talbot. Johannes May, vxor.t
Johannes Roo. Johannes Cosseye, vxor eius.
Willelmus Tauerham. Johannes Estan, vxor eius.
Thomas Stiward de Swofham. Henricus Waltham, vxor eius.
Robertus Heylot.* Johannes Plomere, vxor eius.
Walterus Comerton, Johannes Wolflete, mater eius

Ricardus Talbote. lucia.^
Reginaldus Brisyngham. Jacobus patynmakere, Izabella

Henricus Sileham. vxor eius.t
Stephanus Frengge. Galfredus Candelyr, vxor.
Willelmus Shipman, vxor eius. Thomas Snow.
Rogerus Baxter, vxor eius. Thomas Diggard.
Radulphus Wether, vxor eius.t Gile Sporiere.
Stephanus Goldsmyth, Juliana Ricardus Qwilter.

vxor eius.t Claricia Parham.
Simon Sadelere, vxor eius.t Johannes Randis.
Bartholomeus Dowe, vxor eius. Thomas Sweyn, Redere.
Robertus Skeppere, vxor.t Johannes Rynggere.

Johannes Michil, vxor.f Adam Nerbourgh.
Johannes Milome, Margareta Willelmus Spence.
vxor eius. Galfredus Shedere.
* These names are all crossed through in the MS.

+ In each of these cases, " vxor " or " vxor eius," and her name, is crossed
out, but not the name of the husband.
X " Mater eius lucia

" is crossed out in the MS.
APPKNDIX 1.
466
^"illclmufl lonpjerd.
R(l)ortu8 StriHtrcmc.
RoWrtun Broun, Redere, vxor Hogerus Split.
ciui.
Waltenis Orlogyr.
RobertuB Clcrkwni:th. Nicholaus RotiM.
Robert UB Rose, Cecilia >TCor Rohcrtus lymbrcniD.
eiuA.
Galfrodus P>od\vouerc.
Betttriz lioxtor. Willelmus r>ni(ll(', vxor eius.
Dcna Rcj-morstone.* Ricardus Furbour, vxor eius.
Ixabellu GoKllK'tcr. Johannes Benncs, vxor eius.
Johanna Arych. Johannes Baddyng.

Johannes Frost. Johannes Marwc.
Johannes Avdrie. Ricardus hert.
Willclmiis Borelle. Robertus at-wode, umigth.
Johannes Snape, Agiieta vxor Thomas Woilound.
eius. Johannes Smyth, Rafman.
Johannes Barsham. Johannes BoUcy.
Hugo Topcrofc. Johannes Wiseman.
Johannes Bokisworthe. Willelmus Ste}aigate.
Johannes Kircroft. Robertus Hardy.
Nicholaus Calwe. Nicholaus lyngcolnc.
Nicholaus Wylde. Thomas Lardenere, Johanna
Willelmus Estan. vxor eius.
Robertus Fader, Margarcta Robertus Heigham.

vxoT eius. Willelmus Bikeleswade, Agneta
Thomas Parjng. vxor eius.
Willelmus Cuttyng. Johannes Mcssagyr.

Pctrus Hood. Willelmus Glouerc, Sara eius
Ed ward us Pruet. vxor.
Johannes Pruet. George Brian.
Walterus Wyldc. Johannes Godyng.
Rol)ertus Horsele. Willelmus hony.
Ricardus Ristoun. Simon Babourgh.*
RicarduH Quarellc. Johannes KX^yn, fischman.
WUlebnus Alhl aster. Robertus Grey, taliour.
* These names are crossed through in the MS.

GILD OF ST. GEORGE, NORWICH.
Johanue perle. Johannes Bladsmyth % Qwer-

Johannes qwyt, Fischman, delyn.
Gargraue. * Henricus Bangge.

Willelmus Kandolf. Johannes Frost de heilesdon.
Willelmus Waschbourne, vxor Martinus Wode de Cosseye.
eius.f Clemens Newgate.
Andreas Boys. Thomas potter de Walsham.
Sweteale. Johannes Matte.
Nicholaus Huluervvode. Rogerus Burre.
Johannes Sexteyn, Cordema- Andreas lynes.
Tcere. Simon Corseye de vpton.

Ricardus stille, Isabella vxor Aleyn Benselyn.
eius. Johannes Puttok et vxor.
E-icardus Pottere. Walterus Colman.

Thomas B/ay. Johannes Kirkman,sancte fidis.
Johannes Sweynesthorpe, Ma- Johannes Vlf.
tilda vxor eius. Johannes Here.

Ricardus Wrigth, Fischman, Ricardus Felmygham.
Kicardus parkere, Wrigth. Johannes Walklate deCaustonc.
Johannes Storme. Johannes Fouledone.
E-obertus Selid. Johannes Ketone.
Willelmus Seelde, vxor eius. Johannes Cattone, Bochere.
Nicholaus Waterman. Johannes Stoneham.
Johannes hamund de Estbra- Thomas Carre.
denham. Johannes Kempe de Wymed-
Johannes Bernard de Becles. ham.
Willelmus Fox. Johannes at Merre.*
Willelmus loue, sub condicione Johannes Colman, Taliour.
quod non portabit officium. Rogerus Dousyng.
Robertus Grey, peyntour, vxor Johannes Clerk de Caustone.
eius. Ricardus Bret, Tumour^ de
Johannes Wike. Attilburgh.
* Thesenames are crossed through in the MS.

+ "vxor eius" is crossed out in the MS.
X This name " Bladsmyth " appears to have been written by mistake,
as it is crossed out.
APPENDIX 1.
Thoini*"* lkrK>ur tlo SwofTlmm. .TiinnoH AMiifordc*

Willcliau* Anittlil ilo CronuTc. Thomas Clctor,
Etiwanluf Clrcnc* Dominus Ilenrious Bcttcs.
Johaiwet ColIiB i\e Eton. Johannes lloulote, Rector om-

TbomM ColHs dc IViictU;. nium sajictorum.
Johannet Scot MagiMer Ricardus Doggct.

Bflgwus Scot Domimia Rogcrus Shreue.
Etlwnnlus Samlowich Ic grcnc. Rol)crtus Hcylot
WiUcImiu Malic. Johannes Hcigham,

Bcni^th
Willelmnn Bcn^^'th^ Johannes Howard, vxor.
Juhanncs litijyt^th
li<.ijvt;tli V
KFratres. Johannes Dckcne de Salle.
Johannes Benigtii j Johannes Arnald Senior.

Simon Ropere de Takeleston. Thomas Bokenham.
Bartholomeus Drury. Thomas Vssyere.
Ricartlus nppilton, >'xor eius. Nicholaus Walleys.
Johannes Nicliol. Johannes Preston.
Willelmus Tliirstan. Johannes Bray.
Rol>ortus Can(lcl}T, bocJiere. Johannes Gegge, et "STcor eius.
BoWrtuH Peye. Robertus Crowe.

Johannes Whiting. Robertus Joitc, Alicia vxor
Willelmus Shirwyn, eius.
Ricartlus Rogere. Johannes Cosyn.

Willelmus poyntmakcr. Nicholaus Mannyng, Gaylere,
Robertus Dauy. vxor eius.
Ricardus louegald. Johannes Kirkeby, Bale dc

Willelmus peuterere. Carrowe.
Johannes col man, mrirjth. Johannes Mcrcaunt.
Johannes Erleham, Merchaunt. Johannes Erleham.
Elena Smyth. Willelmus Bigot.
Johanna de thorpe. Bartholomeus Drury.
Beatrix Baxter.* Johannes Blibourgh, Capel-
Kargareta Somherdc. lanus.
Thomas Baldok. Ricardus Bany.
Robertus Baxter, Merchaunt. Johannes Arnald Junior.
Henricus Sturraere. Bartholomeus Braun.
These names are crossed through in the MS.
GILD OF ST. GEORGE, NORWICH. 45G
Thomas f Scfirle. Morise Botelyr.

Nicholaus fitzsimond. Eogerus Taliour.
Henricus Morgon. Willelmus Coke, Carpentere.
E-obertus Hawys. Johannes lawne.
Edmundus Wichinggliam. Johannes Misseldene.
Hobertus Chapeleyn.* Johannes Danyel, glouere, vxor
Petrus Brasiere.* eius.
Johannes Bacon. Eobertus Smyth, Raffman.

Willelmus Billyngforthe. Thomas Dilham.
Johannes Wetherby. Thomas May, Fresere.
E,icardus Wetherby. Eichere Stuteville.
Walterus Wetherby. Eogerus Botelyr.
Johannes Goldbeter. Johannes Gladman.
E-icardus Davy, vxor eius. Johannes Flye.
Edwardus Hewe. Johannes norwicti.
Henricus E-iche. Willelmus Davy.
Thomas ydessone de Cleye. Edwardus Eisyng.
Leonardus Claxtan. Thomas Silueren.
Edwardus Billyngforde.* Willelmus Marchale.

Johannes Bacon.* Willelmus Brannyng.
Thomas Faconere. Johannes Cartere.
Johannes Gedeneye, Izabella Johannes Busch.
vxor eius. Johannes Stratton.
Johannes Geruoyse. Johannes Cole de Kesewike.
Willelmus Mirrigoo. Willelmus Treweloue.
Johannes Ferrour. Johannes Man.
Johannes Alleynsone, Cowpere. Johannes Vice.
Bartholomeus Hemmesby. Margeria Mayn.
Robertus Swan. Thomas Catworthe.
Eicardus Berre. Thomas Grafton.
Johannes Sutbury. Johannes Sipatre.
Johannes Edinbourgh, vxor. Willelmus Aschwelle.
Johannes Yutte. Eobertus Eoys.*
* These names are crossed through in the MS.

t This name ** Thomas" has been altered to " Robertus," in a later
hand.
400 ArrKXDix II.
Johanucti luifTinun. Joliaimos Orciic.

Johannes Multhous.
Willc'hniis Waltluim.
ThomM Dereham. Pctrus Kindyllc.
JoliAiuiet 8extcnc. Pctrus Frostclle.
TIkudm Haistonc. Johannes Thurton, CaiuleJcre.
Nicholftus Tiptoto. Johannes Tul)])yng.

Rogenis Wnnle, NTcor ciiis. Jolianncs Derhy, BUuhmyth.
Willclmus Taucrncrc. Johannes llardclc, Fremason.
Thomas Bisschop. Alicia Fcith.
Johaimcs bpcudcloue.
APPENDIX 11.
GRAMMATICAL NOTES.
By Richard Morris.
77ie Language of tlie East-Midland Gilds.
The verbal inflections (present tense indicative) in the Gilds

of Norwich, Lynn, Stamford, Cambridge, and London, are
th<se that clearly point to an East-Midland dialect (see Preface
to Early English Allit. Poems, Genesis and Exodus, &c.).
2nd pers. sing, in -est (Northern and West-Midland -es).
3rd pers. sing, in -cth (Northern and West-Midland -es).
1st, 2nd, and 3rd pers. pi. in -en (of very rare occurrence in
Northern dialect).
Tlie Gilds of Lynn arc slightly more Northern than those of
Norwich, &c., as is seen by the occasional use of the 3rd person
singular in -es (or -etz).
The employment of qv) for wh or hw (as qwat for wliat) has
already been pointed out by me as an instance of Northern
usage prevailing in East- and West-Midland dialects, but which
never found its way into the Southern dialects.
Tlie London Gilds (as well as the Cambridge ones) contain no
instances of qw for wh, and no participles in -end or -a/nd.
It may l>e stated once for all that the Gilds of London are a
little more modern in form than those of Norwich, &c., and
there is an absence too of those Northern peculiarities which occa-
sionally occur in the other Midland Gilds. Chaucer's dialect,

GRAMMATICAL NOTES.
which is East-Midland, was that of the metropolis, and, as

Garnett has pointed out, presents an unmistakable likeness to the
older East-Midland records ; Gower's English has a few more
strongly marked East-Midlandisms, such as participles in -end,ihan
Chaucer, which led Garnett to think the Confessio Amantis was a
little more Northern than the best MSS. of the Canterbury Tales.
The infinitive mood in the Norwich, &c. Gilds ends in -en or
-e, though there is an occasional loss of the inflexion.
The present participle terminates in -inge (pp. 14, 18, 33, 37,
&c.), -end (pp. 30, 33, 37), or -and (pp. 15, 16, 22, 25).
Capgrave, an East-Midland writer, employs -and.
Passive participles of strong verbs end in -en, the n being but
seldom dropped.
The prefix i- or ?/- is of rare occurrence. Am (aren) occurs
as well as ben in Norwich and Lynn Gilds.
Schun (pp. 67, loi, 109), is probably written for schun, i.e.
schullen or schuln (see Mr. Smith's note, p. 109).
Us = is, and sal = shall (Northern forms), occur in the Wygnale
and Cranborne Gilds.
Gare (Northern) is found in Cranborne Gild.
In Nouns we find a few plurals in -n (unknown to the
Northern dialect), as bretheren and sisteren, but the ordinary
plural ending is -es (or -is). The old genitive plural -ene is of
rare occurrence ; it appears under the form -yn in Halwyn, p. 14.
In Adjectives the grammatical use of the final e seems to
have been for the most part disregarded.
The old adjectival suffix softened down to -lich (and the
-lie is
-lice of adverbs to -liche). The Lynn Gilds present occasional
instances of the more Northern -lyke, as well as the use of the
Northern ilk, for ech, &c., each, &c. (Wygnale has kirke where
the other Gilds read chirche).
The Pronouns are those we find in all East-Midland ^vritcrs
of the fourteenth century thei = they ; her, 7iere= their ; hem=
them.
]>am (a Northern form) occurs in Wygnale Gild.
j)er=their, occurs in Norwich Gild, p. 443, their, p. 444.
Hese:=h\s (the reading of the Cambridge Chaucer MS. used by
Mr. Furnivall in his Six- Text edition of Chaucer) occurs in the
Cranborne Gild.
The Worcester Ordinances, which have a very modern form,
present but little variation from the East-Midland dialect. In the
older specimens of the dialect the Southern element was strongly
marked, but in the Ordinances the Midland element predominates.
The prefixor y- is not lost in these Ordinances, as in the
i-
Northern (See pp. 395, 404.)

dialects. No present participles
in -end or -and are met with.
The pronominal forms are mixed, as ther and her [nlso Attr, which
may be compared with the old West-Midland hor), hem and them.
46J APPENDIX II.
Thf Winchettrr Roll (pp. 349-363).

The OKI rtui^ên of the Cito of Wynclu'.stvr," tliough inucli
mtrc iinxltTH the Ayrnl>itt^ of Inwvt. a. i>. 1,^40. in soiin*-
tli.iii
wlmt more airhaic than tlu- I]ii;;lisl of tlu- .Miillaiid anl Ntirllicni
dUtnotai wrilton in tho fourttr nth century.
It i of courw written in the Southern diah'ct (all tlie phirals
of the pn-sent imlieative ending always in -eth), hut \h not so

strongly provincial as the Ayenhite. Tliouj^h wc have occa-
sionallv V for /* as f\f/^\'f"i/ -- iii^htiuL,', we have not 5 for s, as
ID tlie old Kentisli speech ;

e oceasionally occurs, as in Kentish
for I or u^ as trhecJte for whirlve^ ti'ewelecfie for trewelictie, undur-
numere for undcrniviere, onleche for onliche, nicc/ie for niicJie,
^k for ]Ûke.
The Winchester Koll has a simple vowel where the Old
Kentish had a diJlhtho^L,^ thus chetê. and lefie for chieae and /?>.<,
ysdU for i/seuhl, &c. Like the Ayeubitc it keei)s up old fonns,
as Itabbe, ie{f(je, bi/gye, &c., which are softened down in the
Northern dialects to haue, leye, heye., &c.

Norxs. Distinctions of the old genders and cases arc not so
strictly preserved as in the Ayenhite. A
few j)lurals in -n occur,
as sJion = shoes, lapen = Unpen baskets hyaen = servants.
= ;
We have a remnant of the old genitive plural -ene in halo-

toeiie tyd, p. 351.
Adjkctivks. The distinction between the definite and in-
definite form is still preserved.
The ca.se inficctions i)resei'ved by the Ayenbite are here en-
tirely dropj>ed.
The Definite Article seems to be uninflectcd, as at pre-
sent. Only one plural of this occurs, viz. tftes.

Pkonouxs. The first personal pronoun does not occur, but
was probably ich ; the dative hyin seems to have altogether
FUpplanted the accusative lane; /m = they, Ae/'e = their, hem =
them, as in most of the Southern dialects, but the broader forms
of the Ayenbite, luir = here, haiii = them, do not occur in the Roll.
We have one instance of an oblique case of the relative, in
J>an, p. 357, a form very common in the Ayenbite.
Verbs.
Infinitives in -y (-ye) are exceedingly common, as in
all Southern dialects.
The gerundial or dative infinitive in the Ayenbite ends in -ne

or -py but in the Winchester Roll it terminates in -ynge, as in
Trevi.sa cf, to v)etynfje, p. 349.
; To don {p. 350) is the only
gerundial infinitive in -n.
Passive particles retain the prefix y, as y-seyd,&iG., but drop the
n(m strong verbs) as in the Ayenbite, e.g. yswore = ysworen, &c.
Present j>articiples end in -ynf/e (see comynge, p. 354), instead
of -inde: /ohcande, on p. 360, is probably a blunder, as participles
in an/Je are not found in any Southern dialect of the fourteenth
centur}'.
11
)
GLOSSARIAL INDEX.
A-bell(i) V. act, to make able, alder, of all ("our alther liege

to teach, or fit, 316, 319, 328 ; lord," our liege lord of all),
(2) able, fit,317. 415, 416.
A-berynge, bearing, behaviour, A lyre, a kind of costly stufi^,
381, 419. probably so named from Lyre,
A-boffe, above, 314. a town in Normandy, 415.
Accompteraunts, debtors, 379. "ij. pecise de panno nigro de Lyre."
Acloth, grete = great clothing, i.e. Eym. X, 391. And see Fenn's Paston
Letters, ii. 257, letter Ixxxii.
of the highest official livery :
meaning the upper council of Amendement, enriching, helping,

the city, 372, 377, 386. 58, 60, 77, &c.
Acombred, hindered, annoyed, 393. Amendyd, enriched, 53.
Acorden, to agree, reconcile, 55, Amercie, Amercid, fined, -77, 83,
76, loi, 115, 280, 323. 394.
AfF = off, cutting off", separation, A-mercy, Mercy, amerciament,
351. fine,
354, 355, 356. _
Afiur, to value at a certain rate, Amyce, one of the priest's vest-

379. (0. F. feur, price or rate, ments, 233.
affeurer?) Amytt, admit, 328, 380.
Afiurers = afFerors,officers appoint- And, sometimes used for if, 44.
ed to fix the amount of amerce- (0. E. an - if.)
ments, &c., 373, 395. Anientise, Anyntese, overcome, de-

Aforn, before, 23, 30, 122. stroy, 6, 9, 416. (O.F. anienter,
Alb, 233. aneantir.)
Ale-conners, officers whose duty Anone, at once, immediately, j 89.
it was to taste and know that Anoyr, another, 119.
the ale was good, 382, 425. A odyr, A
03ere, another, 72, 79.
(A. S. cunnan, to know. Apaired, injured, 11.
Alegge, A-leggy, allege, 362, 380. A-peripenseris, a pair of pincers
Alf, half, 81. or tongs, 320.
Allmesse, alms, 7, 24, 31, 43, Apertiliche, openly, 48.
&c. A-poun = upon, after, 313.
Alosed, famed, reputed, 11. {See Arraye, dress, 408.
Loos.) A-rered, raised, levied ("gaderynge
Alowy, be allowed, 361. shall be a-rered," i.e. rates shall
Also, as, 51, 278, 350. be raised), 356, 379, 389.
Alther, a remnant of the old geni- Arreragys, arrears, 371, 378,
tive plural A.S. alra^ O.E. aire, 379-
404 I A I. IN'DEX.
Ayent, Ayenste, against, 316, 384,

ÎjT," thcMc Umt iihall seal), 40'). 424-
360. A-;e, A;en, again, 36, 357.

AskciT, (Slw Axcrc) Ajeins, Ageyn3, against, 4, 21, ^5,
' ' ' Ti*oil, 323. 81.
A3en8, towards, 10.
Aiv3c, iook skUvr, seek, spy out,
357 Bager batlgcr, a corn- factor or
AjMje, to try, 96. bargainor, 424.

A Mir - Msizc {See A-syse). Bakke = back, a waterside street
AMoyne, Assone = essoin, excuse in Bristol, 425.
sent by the numtli of aiiutlicr Ban, summons, 3,'',9. (A.S. ban-

for non-appearance when sum- nan, to command.)
moned, 361. Bankers, coverings fc>r benches, 233.
An3mgnet^ assiguoth, 36. Basjclarde, a kind of dagger,
A-sygneil, assigned, 54. generally worn hung from the
A-svse, Syse, Sise, Assic, = assize, girdle, 427.
of cloth, bread, or ale ; a nnnie Be als mekil, forasmuch, 45, 49.
for the settled rules governing Bcddeste, bedstead, 327.
tlu-wfi<;lit (>r nieniju re), quality, Bedel, Beddelle, beadle, 35, 121,
und jrice of those articles, 352, 145, 449-
354, 359. 371, 381, 424- Bede, prayer, 23, 36, 37, 76.
Asythed, satihtied {aseth, satis- Bedeman, priest whose duty it was
faction or amends for an injury), to pray for the souls of the
381.. dead, 230.
Atent, intent, 74, Beden, bid, 53.
Attachcnunt, the putting a man's Bederolle, list of those who arc to
Ixxly or goods into ward, 360, be prayed for, 145.
373. 376, 391, 405- Bed-mon = beadle, the man who
Atte, according to, 3. bids or summons, 395. (A.S.
Atte, at the, 80, 418. hiddan.)
Attunie, A-tome, Attoume, sub- Begynnen, begin, 25.
stitute, proxy, 58, 62, 65, 71. Belioufull, needful, 310.
(Mid-Ljit. attoniatus, one in the Behough, behoof, 332, 333.
tuni of another.) Beleue, belief, 23.
Auter, Autiere, altar, 14, 23, 444. Ben, Bene, Bieu, Beth, Be]?, is,
Avayle, profit, 378, 379, 389. are, be, 4, 6, 20,

23, 27, 91,
Aventure, chance, hap, 20, 319. 248, 326, 331, 335, &c.
Avoyd, to drive away so as to Beneth-foith, beneath, 373, 391.
leave a void, to leave empty, {See Forth.)
to vacate, 398, 418. Beryinge, burial, 26.
Avoydaunce, vacancy, emptiness, Beryn, to bear, carry, 67, 350.
399- Beryne, to bury, 50.
Awe, to owe, 39, 318. Beryng, behaviour, 3. {See A-
Axcn, Axken, to ask, 58, 84, 91, beryng.)
94, 188. Besaunt, a coin of uncertain value,
Axere, Axkere, Ask ere, = asker, said to be worth two sliillings,
plaintiff, 361, 362, 363.
GLOSSARIAL INDEX. 465
Besege, beseech, no. "Broche w* a fote," a sjiike on

Bet, better, 362. which to set a candle, 327.
Beth. [See Ben.) Brotheredyis, brotherhoods, 327.
Bewreys = bewrays, discovers, 58, Broyer, brother, 30, 54, 58, 62,
65- &c.
Bidclin, pray, 37. Brugge, bridge, 374, 396.
Bien, {See Ben.) Burell, a kind of coarse or roughed
Bisett sett peale, an appointed up cloth, 350, 351.
(A. S. hesettan.)
peal, 290. But, But if, unless, 5, 20, 54,
Bisyness, business, affair, 76. 351, 446, &c.
Bitte, a flagon, bottle, or ])utt, Bujj, be, 354.
probably in this case a leathern By den, to abide, wait for, 31.
bottle or bucket, 382. Bygge, to buy, 353, 354.
Bitters, bucket-carriers for fire, Byggere, buyer, 355, 359.
371, 382. (A. S. hyt, a flagon.) By-ly|?, to happen, befall to, 350,
Blake Monunday, Black Monday, 356, 360. {See Lei]?.)
or Easter Monday, 97. {See By-of-J>e, behoof, 354.
Fordun's Scottichronicon, ii. p. Byryid, buried, 68.
359-) Bysyden, besides, 39.
Blyn, blind, 35. By-]jinne, within, 354, 355.
Borde, table, shop-board, 310, By-|)ow5te, without, 349, 357, 35 9.
353- 361, 362, 363.
Borghmot, borough-mote or meet-
ing, 350- Canne, knows, is able, 407.
Borwe, Borowe, Boruh, (i) surety, Cant^ cope = cantor cope, i.e. one
(2) to borrow, 8, 11, 54, worn by a priest ofliciating in
59, 83, 362, &c. A
Borwe is the choir at certain services, 233.
the personal security, a Wed is Carnok, a measure of four bushels,
the actual article given ; " leye or half a quarter, of corn, 426.
a wed," &c. p. 8. Gassed, quashed, 311.
Borwys, Borus, sureties, 60, 63. Catel, Katel, = chattel, goods,
Bot, Bote, = but, unless, 10, 26, moneys, funds, property, 20,
58, 70, 353, &c. 30, 31, 46, 53, 400, &c.
Botellerie, butlery, 233, Certein of seluer, a sum of money,
Botere, butter, 356. 8, II.
Botes, boots, 332. Certeyn of masses, a particular
Botwes, a kind of long boot, or service of prayers, 278. {See
leather covering, reaching high Canon Rock's " Church of our
up the leg, 332. Fathers," vol. iii. p. 126.)
Bou]?e, booth, 355. Chafl'are, chaffer, merchandise,
Boxom, Buxum, obedient, lowly, 353, 357, 359, 382, 383, &c.
meek, 10. Chaloun, a kind of blanket or
Brandhirne, a flat iron plate for bed-cloth, 350, 351, 352.
cooking, 233. Chalys, cup, 8.
Brennande, Brennyng, burning, Champertye, a partnership or
14, 17, 23, &c. sharing in gains (legal), 400.
Breyeren, Breyern, bretheren, 55, Chaundeler, chandler, 18, 38.
58, 80, &c. Ciieker, a checkered table or
30
406 OtOMARIAl. INDEX.
biv-' r'--h immB of Cor]Mnill <r ('or|nis, rloti> upon

m -a. 8j. which the Hiicre*! elomonts were
1" the olii rhrkiT Biul the plao'd oil the altar. 233. {See
u w ^, A|>|karcntly *' cliivk- W ixyn IVoinptoriuni, v. Corj)o-

roH" of titc iiiluiliitAiit^, of nisse.)
which there wcrr t\vi, an old Corsant, C\u-seynt. hody or relic

ad m new. 406. of a saint. 97, 188.
Clicpinen, Chapincu, inerchaiiU, Corveser, Corvyscr, shoemaker,
trmlcn, 357, 359- 37 ^ 3^4-
ChdM-n, to chooeo, 276. 280, 350. Couenable, fitting, 357.
Clic*ilU\ iji^. Counts, accounts, 35.
Chugnl, judged, 322. Cowle, a kind of tub or large
Clad.! '
-'
d. 31. vessel,371, 382.
CIcnt . 46. 276. Cowiiand, ^ cowunand, covenant,
"?
Clcped, called, named, 108, 275, 316.

4'7- Cresset, a vessel for holding a
Cli pyn, Clepcne, to call, summon, light, 408.
62. 71, 276. Cristen, Crystene, Christian, iir,
r ' '.. clearly, 4. &c.
C i.iiin, 16. Crouche, cross, 54, 83.
Clot^ cloth, 36. Crowcliemesse = cross-mass, cross-
Cloth-walk, to full cloth, 383. tide, or roodmas, Rogation
Clothe, 409. {See A-cloth.) week, [ 1 9.
Clo)}-nxc, clothing, livery, 313, Crykche, church, 93.
318, 400. {See A-clotli.) Custil, a dagger or long knife, 427.
Clo^'ted, mended, patched, 320.
Coke, cook, 375, 405. Debet, Debyte, deputy, 312, 315.
Comena!le somaunse, due sum- Deffe = deaf, stupid, 315.
mons 349. Delid, dealt, 38.
Comend, coming, 53. Demanynge, dealing with, order,
Comenaunt, ordered, ordinance, decision, 387. {See Demenaunt.)
34. 3<i- Demenaunt, trading, dealing, 393,
Comenynge, communing, talking, 404. (0. F. demener, to deal
380. with, handle, order.)
Conimande, coming, 25. Demened, Demeaned, ordered, dealt
Commune, commonalty, 349, 350, with, 395, 407. (tSee Demenaunt.)
Dene, Den, Deen, a dean or chief
Comyn, Commen, to commune, ofKcer, 48, 64, 69, 75, &c.
to talk, 407, 425. Departyde, divided, 279.
Comyners, commoners (in this Der, Dere, dear, 58, 65, 69, &c.
case memlK-rs of the common Deseuerd, dissevered, 444.
council of the town), 372. Desse, dais, 327.
r knowledge, skill, Deuer, Devoir, duty, ^, 377.

_'
319.
( .. ur, brawler, 4, 11. Deuouteliclie, devoutly, 22.
Corden, cordovan, a kind of Deye, die ; Deyde, died, 362.
358. Di. (dimidius), half, 58, 70.
C . .. ;.!re3= cordwainers, shoe- Diffuse, difficult, hard to be under-
makers, 331. stood, 400.
GLOSSARIAL INDEX. 4G7
Digne, worthy, 29. (" male engyne" [legal], evil

Dirige, Dirj^ggis, Dyiyge, Deregy doing), 405 bis.
= dirge, funeral services, 4, 60, Enterynge, burying, 31, 43.
64, 123, 145, 190, 326, &c. Entremet, meddle, 404.
Disceuyd, deceived, 332. Entrit, enter, 36.
Discomened, turned out of the Er, before, 353.
common council, 303 {see 304). Eschetour, 416.
Discouere = discover, disclose, Essoyne, essoin, 361. {See As-
.387. soyne.)
Discuret3, discloseth, 55, 79, 98. Estat, Stat, (i) estate, property, 6,
Discuse, disclose, 76. 9, 362, (2) rank, 452.
Dis-klandered, slandered, 323. Esterne, Estre, Easter, 35, 359.
Dispeyre, dilapidation, 397. Eten, Etyn, eat, 21, 31.
Dispisantliche, contemptuously, Everich, Eueriche, Eueryche,
angrily, despitefully, 80, 95. Eueri, Eueril, Euerilk, Euere-
Dispyse, to be angry or spiteful, ilk, every, 6, 7, 26, 27, 30, 46,
87.279,315. 54, 56, &c.
Distresse, Stresse, requirement, Exequises, burial services, 31, 74.
compulsion, 321, 323, 361. Eyr, heir, 362.
Don, do, to make or cause, 31, Eyr = eyre. Court of the Justices
35> 53. 55. 350- in Eyre, 362.
Doust, dust, 374, 396. Eythere, Ey3er, each, 78, 81, 89.
Dowers = doughers (from dowe,
dough), bakers, 335. Falshede on hand, 55, 8r, 95
Duellen, dwell, 44. Falye, Fayle, Faylith, faileth, 30,
Durre, door, 188. 54, 62, 65, &c.
Dwelle, remain, 56, 59, 81, &c. ffangyth, taketh, 313.
Dyh3eres, dyers, 359. Fare, journey, voyage, 56.
Dyker (of leather), a dicker ten = Fastyngonge, Shrove-tide, the
skins, 384. beginning of Lent, 69.
Dystreyne, distrain, 362. fTathe, St. Faith, 75.
Fawer, favour, 318.
Egalle, equal, 401. Fawty = faulty, wanting, 72.
Eiyer, Eyer, Eythere, either, each, Fecche, Feche, fetch, 76, 355, 413,
59, 70, 89. 415-
Elde, old age, 6, 9. Fela, felawe, fellow, companion,
Elde=yelde, yield, give, 316. 30. 37. 92. 448, 451-
Eldernlyche, anciently, formerly, Felashyp, ffeleshipe, ffelascheppe,
352. fellowship, 315. 317. 321. &c.
EUes, else, 8. Feld, field, 36.
Elmesse, alms, 38, 452, &c. Felvvet, velvet, 415.
Empled, sued, 360. Fenestres, windows, 362.
Emplete = implead, sue, 318. Ferde, ffeerde, fourth, 62, 65, 67,
Enchesoun, reason, cause, excuse, 69, &c.
7. 10. 43. 349- Ferdynd, Fer3yng, farthing, 90,
Encresin, Encresement, increase,
profit, 53. Fere, company, companionship,

^
Engyne = engine, working, skill 31, 45, 48, 421.
)
M ouMSAftiAL ixnr.x.
Frnnr. n trim of inonrv iluc to Frist, Krust, fii-st, 80.

ll.t un fnm tvrtain town*,
I'j Krontel, n niovciible ornament for
tlie front of the altar, 233.
3SO. 353- .(A-^ /f'tnw. i.e.
prortnonii, in which rt'iitu wore Fuyre, fire, 371, 3S2, 385.
aacimtlv {xiitl . nAcrwAnlH UKr^l Fyiulen, Fyndten, provide, 35, 48,
for the mini of the mit*. an wtll 70, 71, tSco.
an ' - ' incRHuni^*^. A*c. for
- Fysc, fees, 60.
wl. wrn* iNiitl.
Fcrtitl. frinuls. 35. Onderid, gathered, 38, 121.

Fcrtlu'n\ i-M. ...I or <1 1st ant, 38. Cialegoz, pi. of galegge, galoche,
Frrînj;llf, fftrthin;; Kuif, 354. or galache, a kind of under
Fen all ilnvR. the working days of shoe or patten, 332. {iSee Pyn-
llie week. 426. eouz.)
Fenmge <lay - atfering clay, 421. Oare, go, 117.
(v Affurera )
(Jarnoamentes, gnnncnts, 302.
Fti*-**", fTesso, fees, allowunccR, 59, Gederynge, gathering, 387, 388.
66. 70. Gedren, gather, loi.
Felt, Fetten, fetch, 323, 447. Get, goats, 354-
Feiwte. first. 318. Geyderd, gathered, 117.
Feyre, 384.
fair, Gililwyt, a fine to the Gild, 185.
Feyth, oath, 63, 72. (A.S. vnte, punishment, fine.)
Fimiaxt, first, 4. Gleyve, Glaythe, glaive, a kind of
For, Boinetimes used as to, 62, 63. hand-dart or lance, 388, 427.
Fore, for, 34. Godis, Godys, goods, moneys, 38,
ForeiL' ^ tk\Forynar, stranger, 52, 53. *^c.
DOl _ ng to the lioiough, Gon, Gone, go, 18, 19, 21, 31, &c.
city, or gild, 317, 337, 382. Gon (the bellman), ring, 55.
F \\ taketh away (" for Good, used in the singular as a
.t
J)*
he foriienK'|)," I.e. noun, 350, 353.^
for the piece of street which he Grenewax ; certain proceedings
occu|iies, and thereby takes by the Court of Exchequer, as
way), 359. to fines and certain profits to
FoFMike, refuse, 71, 103, 108, &c the king, used to be sealed with
Foraeid,Fornseid,af<)reKaid,35,45 green wax, 370, 378.^
Fonoth, truly, in truth, 326. Gret euquest, grand jury, 382,
Forstalle {see note to
p. 353), 396 385, 405-
Forth, ued to strengthen some Greteclothynge,377. (ASeeA-cloth.)
prcjKwi lions, as, benethforth Greuance, grievance, 279.
withynforth, withoutforth, 373 Greuyd, grieved, 61, 76.
393, 394. Grist, corn, 336.
Fonct}-n - for to wetyu, to know Grucche, grumble, murmur, 91,
62, 63. 94, 97-
Fourtnj-the, Fowrtenytj, fortnight Gry[d]eJ>, proclaimcth aloud, 361.
35. 71- (A.S. yrcedan, to cry, call, say.)
Foyle, insult. 304.
"in v<n ,t \>\ flesch w\\> ab- Habbe, have, 352, 353, 355, &c.
tinen*." A p.;!. (C. Habelyd = abelled, enabled, taught,
.
.S.) 44.
Freleche, freely, 355.
337-
.,
GLOSSARIAL INDEX. 4G9
Halde, Halt, hold, keep, 352, 358. Herthe, earth, 35, iii.
HaldeJ), holdeih, keepetb, 354. Heste, behest, command, 350, 356.
Hale, to draw, to take, 425. Hesterne, Hesterday, Easter, 71,
Half Thursday, 1 error for Halig 78.
Thursday, or Ascension Day, Hethenesse, heathen lands, 36.
34, 35, 36; Heuedes, heads, 349, 360, 362.
Halidom, relic, holiness, 36, 418. Heuynesse, Heuines = heaviness,
{See Holydom.) quarrelsomeness, 279, 450.
Hallomese, Halumesday, Hallow- Heyle, hale, healthy, 87.
mass, or All Saints' day, Nov. i Hij, Hy,
they, 349, 352, 355, 357.
58, 60, 69. Hillyer, tiler, maker of tiles for
Halowenetyd, All Saints' time, 3 5 1 roofs, &c. 398. (A. S. hila7i,
Halue, half, 356. to conceal, to cover.)
Halwen (v.), to hallow, 17. Hiring, hearing, 304.
Halwes, Halwen, Halewyn, Hal- Hode, Hod, hood, 21, 56, 415.
lowen, saints, 3, 11, 22, 29, 40, Hoggesters, hucksters, 337.
397, &c. Hokday, the Tuesday fortnight
Halyer, a drawer = to the modern after Easter Day, 385. (Hock-
porter, 425. (0. E. to hale, to tide was an ancient festival
draw, fetch or carry away.) kept in the second week after
Han, have, 30, 35, 37, 75, &c. Easter.)
Hap, event, chance, 7, 9. Hoke, oak, 117.
Harn, are, 36. Hoke^, hooks, 386.
Harnesid, clothed, dressed, 408. Holigost, Holy Ghost, 14.
Harwaste, harvest, 313. Holleche, Holecheche, wholly, 362.
Hastili, quickly, without delay, Holpyn, helped, 56.
35, 46. Holydom, (i) relic, (2) holiness,
Hat, Hat3, hath, 30, 53, 450. 189, 319. 418.
Hauened, having, 45. Holye, wholly, 188.
Ha wen, have, 119. Home, them, 58.
Heare, hair, 396. Honest, decent, useful, 53, 190.
Hedmesse = high mass, 144, 145. Honestliche, decently, fairly, beau-
Hei3e, Hey, high, 8, 11. tifully, 47, 52, 247, 278, &c.
Heldyn, hold, 54. Hoo, who, 35.
Hele, Heyle, health, 63, 78, 87, Hool, whole, 449.
103. Horsbrede, 337, 376, 406.
Hele, conceal, cover, 356. {See Horsecharche, horse load, 358.
Hillyer.) Hos, as, 98.
Hem, them, 3, 23, 71, 76, 114, Hostrye, inn, 376, 406.
378, &c. Hoten, (v.) (i) promise, (2) com-
Her, Here, Ere, Hur, Hure, mand, 14, 27, 30, 37, &c.
their, 3, 14, 23, 27, 87, 11 1, Houereday, everyday, 122.
350, 351, 377, &c. Housling peple, communicants,
Herborwed,harboured,lodged, 357. 199, 204, 222, 247. (A.S.
Hergdes, earth, no. husel, the sacrament.)
Herin, Heryn, Heren, hear, 14, Housynge, furniture, fec. of a
.43- house, 362.
Hertes hed, hart's head, 320. Hows, Huse, house, 86, 357.
470 GI/X<S\niAL IXDKX.
Hurr hwr.lhnr. 377.378. 380. *c, KrowrttcH, oructi<. 320.

lluiil}lnirnt). furniturr, utonsiU, Kyrko, <'lnirj'h, 87, 92, 100, 107.
K> rkc-wardcvns, churchwardens,
li liiiic*, 3q6. 'i4^-
Il\-r (irM>. high tUt^ 327.

H* iita, 357. Laghc. law, 1 1
f,.
Lammcs. Lammas, Aug. ist, 60.

Iche, each, 51. 75, 106, 122. IîngncHse, length, 3') 2.
I' T. 108.
' LajK'U, basket, hamjier, 355. (A.S.
i: txl. 8. iajt, leap.)
like. Ilka, lllie, over). 56, 66,97, Lat, Late, let, 8f, 359.
Ac, Lntcn.ahard mixed iiutal, thought
InîiKsl, y-namcil, 54. to be something like brass. 320.
Ingyne. {See Eiig>nc.) Launcegaye, a kind of lance or
Inonlynatt rucll, disorderly nilc, javelin, 388.
332. Lauedy. {See Leuedi.)
Intrailles, Intrcllc, entrails, 385, Law-day, Icet, meeting of the
Court Lect, 370, 405, &c.
Ion. John. 47. Leche-eraift, doctoring, 322.
Irritc of no effect. 311. (Lat. Led, lead, 358.
irrituji, vain, useless.) Lede, y-lad, taken, can-icd, 353,
!< his. 62. 356.
Lede}), carr}'eth, 358.
Jan-,ilyn^^, chattering, talking, Lefull, Leeffull, lawfull, rightful,
76, 79. 84, 93, 104. 21, 51, 390, 449.
Juwyso, |iunislnncnt, instrument Legge, lay, lie, 362, 363.
of punishment, or jurisdiction Lei)), layeth, leudeth, 357.
implieil ly the j)osscs.sion of Lcngere, longer, 79.
Buch instruments, 355. Lentone, Lent season, 106.
Lese, lose, forfeit, 48, 50, 55, 56,
Katcl. {Sre Catel.) 77. 302, 350. &p-
Kechen, kitchen, 120, Lessid, lessened, diminished, 55.
Kennen, to know, 43. Lesteude, Lestyng, during, whilst,
Kepende, keepin;,', 53. 31, 38.
Keruere, carver, 446. Lestenlichc, enduriugly, for ever,
Keywoode, wood landed at, and 45, 47-
|K'rhapH sold from, the quav, Lestet3, Lestyt, lasteth, 56, 63.
383- Let, Lettyng, hindrance, hinder,
,
knave, 315.
KnaflV?, delay, 23, 46, 55, 81, 447, &c.
Knave child, a boy, male child, 30. Lejjer, leather, 353.
KnoUed, Knelled, tolled, by Lc|)en, ^ legen, to lay, put, 94.
1
single strokes (the bell is Lettid, hindered, 408.

"tobe knoUed, " as dis- Leuacion of godis bodi, elevation
tinguished from " rongen out"), of the host, 14, 27, 113, 115,
189, 401. 117.
Kny;:htenspence, a local rate, 390. Leue, leave, 54, 58.
Kouyug, Kunning, knowledge, Leuedi, Lauedy, lady, 14, 29, 36,
skill, 46, 277, 319. 321, 416. 62, &c.
)
GLOSSAUIAL INDEX. 471
Leuen, to live, 23, 75. Menstre, churcli, 38.

Leueth, remaineth, 18. Mercy = amercy, amerciament,
Leyn, Leye, to lay or spread, 36, 355, 356.
Merely, entirely, absolutely, 197.
Li (libera), a pound, 104, &c. Meschief, Mescheef, distress, trou-
Lie on, Lye, to belie, 80, 87, 95. ble, 5, 9, 38, 50, 64, &c.
Ligeaimce, allegiance, 39. Mesomur, midsummer, 97.
Liste, like, please, 71, 76. Mete, measure, 371, 382.
Li3t, Lyt3, Lylit3, Lythe, Leyt, Mete, meat, dinner, 36.
light, 7, 43, 54, 56, &c. Meyteyn, maintain, 62.
Lode, 396. Micheles day, Mychelle, Mihel-
Loken, locked, 379. messeday, Mykames, Mielraes,
Lokes, locks, 360. Michaelmas day, 10, 62, 91, 97.
Lolladries, " heresies and errours" Mikil,much, 445, 449.
of the Lollards, 417. Mild, gentle, 47.
Lone, loan, 387, 393. Mischefe. {See Meschief.)
Longet3, longes, belongs, 72, iii. Missomer, Misomere, Mesomer,
Longj^nge, belonging, 11, 380. Myssomere, midsummer, 10,
Loos, reputation, 3, 357. 27, 97, 313-
Lotte = lot, liability to bear office, Mo, more, 54, 386.
189, 329. [See Scot.) Moder, mother, 3, 11, 22,
Louerde, Lord, 89, 97, 100, &. Modur, Modyr, mother, 103, no.
Lygge, to lie, 350. Mommyng, mumming, 427.
LyggysJies, 61. More, greater, 189, 277, 307,
Lykynge, liking, pleasure, 30. 360, &c.
Lymenour, limner, 9. More, moor, 237.
Lystes, limits, 43, 44. Mornspeche, Morwespeche, Morun-
Lyth, lieth, 59. speche, meeting of the gild,
Lythe. {See Lit3. held in the morning, 45, 49,
Lythynge, lighting, 35. 54, 60, 69, 71, 117, &c. (A
Lyuen, to live, 27. "spekyngto-gedyr,"pp. 52,67.)
Lyuere, Lyverey, livery, 43, 56, Morwe, Morwen, Morowen, mor-
76, 372. row, morn, 7, 8, 31, &c.
Lyues, St.(?) = St. Linus (Nov. 26), Moryng, enhancing, 451.
426. Mowe, Mowen, may, might, be
able, 4,20, 23, 115,
7, 306,
March, border, boundary, 249. 307, 353, &c.
(A.S. rtiearc.) Myd, with, 354, 359, 361.
Marchasye, Marchalsey Court, 354. Mydlentoun, Midlentene, Myde-
Mayntenaunce = maintenance (a lentone, mid-Lent, '91, 116,
legal term), 39, 400, 403. 281.
Maystris, masters, 27. My3t, might, 76, 355. (êePower.)
Me, men, one (indef. pron.), 350, Mykames day, Michaelmas, 97.
357> 360. Mynaments, muniments, 287.
Meche, much, 48. Mynstralles, minstrels, 423, 447.
Mede, reward, 405. Mynstre, churcii, 30.
Mekil, Mekul, much, great, 45, Myntenyn, maintain, 27.
m. {See Be.) Mynute, small, 222.
) )
4U OUMtARlAL INDEX.
llpbjriMnTor. mUbehAviour. 339. 0-lupy, Bin^le, cnch, over)-, 350,

llrMtwarl. WTtMij: nuncl, 87. 354. (A.S. tr/ftiij. trulijng^
^ft<~<- ili%.-iitiif(r1, ^1. ffitlipuif, aulij/itj, (rufrp, antep-
(^r. act), wrung, iy, aiilip, anli/pi.

l\ .
by. Onehcdc ' onehood, a^^rcemcut,

451-
Kamelike, chicflr. eicmlly, 83. Onleohe, only, 353.
NathricM, m ^ -*, 2y8. Onys, once, 405.
y,- ii..t niir. . , - .
.V. Or. iK'fore, 360, 377, 39;,, &c.
h'. 1. . -ity, 386. Ordcyned, onlcred. (See p. 38,
Nt^liui. luxxly. 3S, 448. line 3.)
V.M I., resting, slivpy ;
" nccp Ordinate, orderly, 33,:^.
.-<in."theautunin,425. (A.S. Osed, 1 = [w]o[r]s[t]cd, worsted,
'
tiiy t* 8lec|), rest, lie : 321.
I .,. liccp tiiU*s.") Ostery = hostry, an inn, 376.
NetuciL Ukcn, 386 ; Neni}'ng, Othe, oath, 36.
382- Other, or, 335.
N... ^ ;;. anew, 372, 387. 0|>er, Oycre, Oyer, Ojerc, or,
Noght, Nought, Nouht, Nowt, other, either, 4, 9, 29, 55, 72,
Koujt, Nout, (1) notliin^, ^2) 84, &c.
not, 4, 10, 21, 40, 48, 54, 55, 0})er-lokcr, otherwise, 355.
7^ 353, &c. Ouerseyn, overlooked, 374, 397.

Non, None, Xen, no, 361, 362, Out-nonie, except, or unless, 350,
392, 404, &c. 351, 361.
None, noon, 31, 355. Out-nyme, excepted, 353.
No nocler, 302. none otlier, Out-taken, unless, excepted, 35,
Nou^t, Dou3tbe, nothing, 7, 9. 98, 445-
Non*8e = noie, 72. Oward, award, 35.
Noysance nuisance, injury, 249. Owen, Owyn, own, private, 56.
Nyme, U take, 353, 358, 362. Owythe, Owith, ought, 34, 380.
(A.ii. lit limn. See Nemed, Out- Oyere, 03ere. {See Ojjcr.)
Dome.
Ny. hi not, 361. Pache, patch, 320.
N}-th, Ny5t, night, 71, 75, 360. Talyoun, pavilion, 233.
Fame (Fr. paiime, jjalm), a kind
O, Oo, On, Oon, one, 29, 315, of tennis game, in which the
35'. 354. 360, 445- hall was struck with the hand,
Ob. (oIk>1ub), a halfi>enny, 27, &c. 372, 387-
Obett, OW>ette = o])it, 198, 326. Pans, pence, 353, 354.
Obite, funeral servnce, 145, 336, Parcel-gylt, partly gilt, 199.
421- Parcell, part, 198.
Obliifshed, obliged, 1k>uihI, 39. Party gown = a parti-coloured
Oocupacion, trade, 327, 328. gown, 320.
Occupie, use, take up, 375, 396, &c. Parj'Ue, peril, danger, 371, 382.
Od^-naun?*, ordinances, 80. Pask, Easter, 10,
0*lyr, other, 279. Paste, dough, 336.
Of-Uke, overtaken, excepted, 355. Patrons, patterns, 321.
Ofter, offer, 65, 69. Pavys = pavise, a kind of large
GLOSSAllIAL INDEX. 473
sliield, either for the body or Profry, proffer, 360.

for walls, 320. Propere, own, 48, 59, 66, 70, &c.
Pax-brede = pax-borde, an orna- Prouen, to try, i o t .
mented wood
or metal,
tablet of Prouid, proved, 58, 69.
used at mass, and kissed by the Prykette, a candle made to fix
priest and others in sign of upon a spike or prick, 326.
peace with God, 233. [See Pryme, between six and nine
" Ch. of our Fathers," vol. iii. o'clock a.m., also daybreak, 18,
pt. ii. p. 161.) 31, 60. But see pp. 79, 275,
Paynys, fines,
336. where " ye oure prime is clepyd
Paysing, weighing, 322. the secounde oure aftyr noone."
Peltyers, furriers, 29. Pure, poor, 144, 145.
Penner, a pen-case, often hung Purvoyd, provided, 397.
from the girdle, sometimes Putts, pits, 372, 385.
joined with an ink-horn, 320. Pyffanye, Epiphany, 103.
Pernele, St., Petronilla the Virgin, Pyncouz = pynsous, thought to be
" high unsoled shoes of thin
47-
Pes, peace, 6, 37, 71. leather, which were commonly
Peyne, pain, fine, 10, 377, 381, worn with pattens," or galaches,
&c. 332.
Peyse, weight, 356. Pyte, pity, 395.
Peysiblyche, peaceably, 52.
Peyyn, pay, 63. Quarter, q^., farthing, 58, 60, 65.
Pillor, thief, 389. Quarterage, Quarteridge, quar-
Plegge, pledge or surety, 277, 382. terly payments, wages or dues,
Pond, a pound, 4, 117, 121. 3, 8, 289.
Porveyde, provide, 357. Quayers, Quayres, quires, 197,379.
Potel = pottle, a measure of two Queristeres, Querysters, choristers,
quarts, or half a gallon, 59, 60, 198, 222.
66, &c. Quiche, Queche, which, 51, 52, 71,
Pouer, poor, 278. 274 note.
Pouerte, poverty, 70, 73. Quile, Qwyles, while, 62, 104.
Powel, Poule, Powle, Paul, 30, Quose, whose, 69, 80.
52, 189. Qwan, Qwhan, when, 30, 2']^ note.
Power of the town, jurisdiction of Qwat, Qwhat, what, 72 274 note.
the town, 355, 356. Qwere yat, whereat, 72.
Powere, of power, rich enough, Qwilk, which, 37.
able, wealth, ability, 4, 48, 75, Qwo-so, Qwho-so, whoever, 30,
389. 275 note.
Poysand, Poysaunt, weighing, 18, Qwyche, Queche, which, 31, 71,
26. 274 note.
Predicted, aforesaid, 198. Qwyt, white, 104.
Prentise, Prentyse, Printes, Pryn- Qwyte, quits, 36.
tes, apprentice, 306, 315, &c. Qwyten, to wit, 92.
Preyeers, prayers, 71.
Preysed, Preised, appraised, valued, Ray lyveries, gowns made with
332, 391- cloth in stripes of two or more
Profeth-abil, profitable, 62. different colours, 422.
)
471 QL068AU1AI. INDKX.
BML ni )>chAV( 1. tinnilv. nTt. 79* Scrowcyneys, Btownrds. 119. (See

Sk evens.
RccHloTi, Ttccirvn, 37 1. Scryt, writinLT. 3 ',7, 362.
R<znit (< note to p. 353). Se, sea, 4S, f^2.
uyngM. rrckumngis 35, 370, Seende, seeing, 51.

Srko, sick, 66.
I . . f.ihiit which i left, rcmninder, Sdo}), seal, 3r,9.
31S. Seine, Sclucl, 8elfe, self, selfsame,

y nnt. muninWtr. ;î. 361. the snid, same, 14, 27, 37, 74,
1 n'j>eal, recHll. 41 7. 75. 354, &c.
yuet, receiTcd, 31. Seiner, Syluer, money, 8, 36, 116,
'
"^ 373. 390- 357-
i.
asdualdv, 43. Selynn:e, sealing, 359.
Reteyignde, retaine<!. 333. Semble, assembly, 31.
Rtniy, to ntuni.418. 422. (O.Fr. Somolyn, assemble, 47.
retref, to witlulrawj Sen, Sent, saint, 54, 62, 83, 119,
Rcuenowi, revenues, 335. &c.
liite, custom. 383. Sent, assent, 58, 69.
Kobes, cattle, oxen (A.S. hruêr, Serianntes, Serjeants, 362, 374,
Ar<*w), 359. 395> &c.
liM\1, rulf. 4. Sesynge, seizin, 359.
li^K-*'*^'^''^^^ ("^ ^ man), 354. Setc, Sety, fit, wholesome, 382,
(A. S. hric, hrycfj.) 397, 425. (O.E. ,<?oofe, sweet.)
RvK-t 3, Ryythe,rit>etl( from table), Sete, city, 35.
'56, 88. Seth, Sethcns, (i) then, (2) since,
RytcH, Rythis, Ryj^htes, Ry3tes, 76, 413, 414. (See Sithyn.)
rijjhtB, fees, 54, 58, 60, 86, 357, Setsayne, citizen, 322.
361. Sewrer, surer, 413.
R}lhe, right, 30. Sewte, suit, 362.
Sewy, to sue, 361.
Badde, Btaid, sober, grave, 311, Seyall, seal, 327.
379. 382, &c. Seyn, seen, 380.
Sal. {Sec Schal.) Seyn, say, 35.
Sauen, tak^- care of, 81. Seynge, sing, 34.
Sauter, psalter, 26, 3.'5, 282. Seysy, seize, 362.
Sawere, So were, sewer, 314, 315. Shapyn, shopping, a shop, 317.
Schal, iShal, Ssal, Xal, SclKjIcne, Shon = shoon, shoes, 359.
Bchul, Schulyn, Sciillen, Sliul- =
Shongable shoongavel, a tax upon
len, Shun,88hul]oii,8huln, Fhull, shoes. 359. (See Smergauel.)
II, 24, 27, 29, 35, 40, 54, 67, Shul. (Sê Schal.)
Ac. Sille, sell, 373, 392.
Srhyl, reason, 30. Sise = assize, 424. (See A-syse.)
Scot, rates, taxes, 189, 329, also Site, Syte, city, 27.
346 mte. (A. 8. Scpxit.) Sithyn, Sithence, since, 36, 197,
" Everj- fret-holder \h hound to be a
222, 247, 298. (See Sythen.)
pMrUker in lot, wliich is liahility to hold
office, and in tcot, which means contri
Skeuaynes, Skevens, Skyueyns.
button to taxes and other chargea." (O. Fr. ecltevhis), stewards or
Rfley's Mem. of London, p. 601. bailiffs (officers of the gild next
GLOSSARIAL INDEX. 475
in rank to the alderman), 46, Sustentacion, support, 67, 336,

48, 54, 64, 81, &c. &c.
Skore, 357, 362. Suster, sister, 9, 190, 278, Sec.
Slippe, a steep approach to the Sustren, Sustris, sisters, 3, 2 75,<fcc.
river, 374, 396, 397. Suwynge, following, 43.
Slocke, entice, 336. Suyt, Sute, suit, livery, 3, 43, 446.
Smere, ointment, 356, 359-
fat, Swerynge, SAvearing, 362.
Smergauel = smeregavel, a tax Swilk, such, 55,
upon "smere" or ointment, 359. Swte, suit, 446.
(A. S. gqfol, a tax or tribute.) Swych, such, 276, 278, 360, 363.
Smeten, Smyten, struck ("after Sylwes, shelves, 327.
prime be smyten"), 60, 79, 83. Symple, common, 8, 11.
Socage rolls, rolls of those holding Syngnyt, assigneth, 35.
under socage tenure, i. e. within Sythen, Sythyn, (i) then; (2)
a soke, 376. {See Sok.) also, afterwards, 46, 55, 72, 88.
Socorourris, helpers, 335. Sythes, times, 20.
Soigne, sung, 144. Sy5te, sight, 362.
Sok = soc or soke, a territory or
liberty within which certain Takyn on, put on, 56.
privileges were possessed, 350. Tallage, tax, 356, 359, 390.
{See Gloss, to Thorpe's A. S. Talwj, tallow, 359.
Laws : Bosworth's Diet.) Tapener, a weaver, a narrower,
Somnes, summons, 317. one who regulates the width of
Somonour, summoner, beadle, 30. the cloth, 350, 352.
Sonde, sending, thing sent, 31, 35, Taraget, " court rolls, rentals, or
50. terrages" (Smirke, Arch. Journ.
Soole = sole, single, 1 90. ix. 69), 350.
Sothly, truly, 146. Tary5ynge, delay, tarrying, 357.
Souerengly, chiefly, 45. Taske, tax, 390, 393.
Soutere, Sowtere, cordwainer, Tayle, tale, account, tally, 83, 362.
shoe-maker, 358, 359. Tenne, to conduct, 418.
So wen, saw, 52. Tensure, a word thought to signify
Soyne, essoin, 361. some local kind of tenure, 373,
Spence, buttery, 327. 383. 394;
Stabeled, stabled, established, 54, Tenys, tennis, 372, 387.
97, 328. Tejjing, ty thing, 361.
Stabeliche, firmly, 37. Theues, thieves, 6, 9.
Stake, fastener, 362. Thofte, thought, 314.
Stat, State, (i) estate, ])ropertyj Thorow, Thorw5,Thurw3, through,
(2) prosperity, 72. {See Estat.) 6, 9.
Stede, place, 349, 350, 372. Thridde, Thredd, third, 49, 54,
Steure, to stir, move, 317. (A.S. 64, &c.
sturan, to stir.) Thries, thrice, 77.
Stresse. {See Distresse.) Thurghe, through, 31.
Stretys, estreats, 400, 421. Thysmyste, dismissed, 313.
Streyte, strict, close, 389. panne, then,
Stynting, ceasing, stopping, 415. pare, to which, 356.
SuUere, seller, 355. pat, that
476 OUiaSARlAL INDKX.
fM rtVf, y* idir, the Mine, tiiat, Tylicrs, tillers, husbandmen, 23.
T'nboxlunn. dimtbediont. r;, 92.

pn^vykc u ^4|i hi Imiliwick, Uuskylfullcchc, unruusonubly, 55,
350. (in O.K. "to />raeYwl 100.
Up-on, V|>, withal, according to,
|Vn. Uieae. 37. 40. 7^>. 355. &c-
|Vlkr, lh< like, uch, 35^. Urelaucdycs day, our Lady's day,
prop 83.
per, ti.. . ;ierc, 37.
p^nf. llierrof, 3. Vclo. ninny, 360.
|Vv. thuUKi). ^r>4. Verrcy, Verray, Very, true, 7, 10,
J>ilkc. {S<* pulkc.) 48, 63, 417.
pirti, thinl. Viagc, journey, expedition, 1 7.
|V. tJioso. ViuMJle, watch, 393. (.S>e Wacche.)

purghe. through, 359. Vnboxhum, Vnbuxum, disobe-
|)orow, thn>ugh, 47, 49. dient, 5 55 92.
^
pou). thourrh. 75. Vndrcn - undcrn, from 9 am. to
pro. three. 360. I noon (corresponding to the
2 at
pnlilc. thini. 359. canonical hours called "tierce"),

pulke. Jilke, those, 353, 354, 356, 353-
.
Vndiirfonge, to receive, 349, 357.
pvnir, third, 315. Viuluincnicre, taker, surpriscr,
Til. to, 55. 350.
Tine, to inclose. 437. Vnshlawe, unslaughtered, 354.
To. somctimcf? usetl as while, 84, Vnskilfulikc, unreasonably, 93,
sometinus an/or, 352, 354. 100. {See Schyl.)
To, two, 30, 35, 60. Vn-to, before, 280.
To-f*re, l>efore, 352. Vnye, to unite, 310.
To-gedere, To-g) tier, Tokcdere, to- Vnytee, unity, 22.
jfether, 3. 34, 67, 279. Volwyng, following, 324.
Tonne, a Imrrd, tun, 358. Vpi)eyne',upon pain or fine, 353.
Toy, two, 113, 117. Vre, our, 83.
Toyer. 'tother, 54. Vsud, Vscd, communicated (taken
Trauiiile, trouble, work, 8, 35, 66, the sacrament), 14, 27.
&c. Vsyd, used, accustomed, 51.
Tray, tre, wornl, 358. Vy3t>7ige, fighting, 361.
Tre, wo<k1, 199, 372 ("chimneys
of tre," chimneys of wood.) Wacche (i ) a public watch or vigil,
Trental, Trent, tliirty masses, 8, 38. 408 (2) u tax for the main-
;
Trewelich, Treuleche, truly, 3, tenance of that watch or vigil,

349 35o 357- ^390. 393-
TW*t, faithful, trusty, 46. Wache, which, 34.
Trostende, trusting, 53. Walk (cloth-) to full cloth, 383.
TrowySjboatsor barges of a certain Wane, wanting, absent, 30.
ort, 424. (A.S. treow, a tree.) Warde, keeping, charge, 359.
Tweye, two, 39, 350. War-fore, Wer-fore, wherefor, 353,
Twj3es, twice, 357. 354.
.
GLOSS ART AL INDEX. 4^77
Warn, to tell, give notice, 5, 7, 80, Wyht-al breed, wastel bread, toi,
87, 92, &c. 102.
Was, whose, 352. Wyke, woke, week, 9, 18, &c.
Watrd, watered, 397. Wyllanie = villany, injury, 280.
Waxshote, wax-rate, 190. Wyth-sounday, Whitsunday, 60.
Waylore, value, 313. Wyt, with, 43.
Wed, a pledge, 8, 11, 55, 91, &c. Wytye, Wetye, keep, 350, 357.
{See Borwe.) Wy]jorawe, withdraw (^j, 361.
Wederyng, weather, 23, iii. Wy3te, weight, 354, 356.
Wekett, wicket, 320.
Wele (habbe wele), will, will have, XaljXuln, shall, 54, 55. (See Schal.)
360, 361.
Wele, weal, 335, 337, 408. Yam, them, 1 1 1
Wende, to go, 7, 10, 20, 31, 47. Yanne, then, 30.

Wene]?, thinketh, 362. Yate, gate, 374, 397.
Werche, Worclie, work, 350. Y-be, been, 359.
Werned, warned, 321. Yche, each, 64.
Weten, Wetynge, Whet, Witen, to Yefe, if, 26.
make known (" the alderman Yefte, gift, 386.
shall weten the dene to seye "), Yei, Yey, they, 23.
35. 46, 349 to know, 48, 53,
;
Yeld, yield, pay, 329.
54, 75, 317, 360. Yelde, gild, 237, 238, 281, 370,
Wetye. {See Wytye.) 376.
Weye, way, 38. Yemen, protected, governed, 324.
Wher-J>orow, Whar-youghe, Wher- Yer, Yere, there, where, 15, 20,
thurgh, whereby, 46, 417. 43, 59, 70, &c.
Whethir-so, whosoever, 74. Yerd, rod, 87.
Witen. (See Weten.) Yerfore, therefore, 56.
Wist, Wyst, known, 81, 95. Yer-qwile, the while, 72.
Wit-owten, without, 55. Yeuen, Yeuyn, Yeue, Yeve, Yewen,
Wittye, having knowledge, shrewd, give, 26, 64, 119, 298, 329.
46. Yeyse, Yese, these, 54, 60, 63.
Wi]?-segge, to gainsay, 355. Y-fuld, completed, full, 363.
Wodde, wood, 425. Yhef, if, 24.
Wode-wexen, woad-wax, a plant Yher, year, 23.
used by dyers, 358. Yhifte, gift, 417.
Wollmongere, wool-monger, 353. Y-lad, carried, 356.
Wonye}), dwelleth, 358. Y-leued, left, 357.
Wony^ynge, dwelling, 362. Ylke, each, 362. (See pt ylke.)
Worchepefulleke, honourably, 57. Y-nome, took, taken, 351.
Worschepe, Wrchepe, Worchippe, Ynow^, enough, 9.
honour, 27, 45, 58, 62, 65, Yoder, the other, 313.
&c. Yowte = out, outer, 313.
Wrecche, malice, vengeance, 80, Yre, iron, 358.
95- Yre, three, 58, 65, 71.
Wrecchedness, misdoing, 7, 9. Yredde, Yridde, third, 60, 78, &c.
Wygthe, Wythe, Wyght, weight, Y-swore, sworn, 349, 350, 360.
30, 35, 383- Y-take, taken, 357.
478 auMSARiAi. iNnrx.
T*rCc>d wilnl. kopt. takcu c&ro 3<^"<* êiion, pvc, ^'wvu, 3, 122,
of, 360. (.Vr Wrtyc.)
>rvs\ llioso, 86.
T-olde. I"' ^'' ''^'^l up. 357. 5if. jif, if. 4, 6,
'
50, 349. &c.
3ifti'h. pft. 53.
|ar, )C!rr. 3. j;, 47, 71. Ac, ôiiiro, young, 51, 53.
3cnle, ma, 95. 350. 30U, tiiuu^h.
Jtwiday - ycar-ilav, annivcnary, 3ouen, K>vcn, 53.
s8i. 5". vou, 53.
Jenieode, daiiriiig (jrearning), 51. 5yld, jcld, yield, 3, 357.
/
I N D E X..*
Acquittance from general pay- Birmingham family, curious de-

ments, 85 note, 270. tails as to settlement of pro-
Acts. (*See Ordinances.) perty in, 235-238.
Ale, the name for a feast, 182, antiquity of the name, 246
216. note.
Ale and ale-conners, 343, 355, Boy-bishop, 422.
382, 425. Brewers. {8ee Ale.)
Anglican Church, 262. Bromfield, Court Roll of, 441.
Apprentices, 183, 209, 315, 316, Bull-running in Stamford, 192.
Bushey (Herts), Court Rolls of,
Arbitration in disputes, 21, 55, 440.
76, 96, loi, 115, 280, 322, Bye-laws like Ordinances of Gilds,
323, 426, 442, 450-1- &c., 348, 438-441.
Assize of bread and ale, 354, 355,
365-367, 381- Certificates of Colleges, &c., offi-
Award by Edw. IV. between the cial, of Hen. VIII. and Edw.
Tailors' Gild and Corporation VI 196-199, 201-205, 221-

of Exeter, 304.
223,
how
247, 259.
far valuable, 197 note,
Baker MSS., list of, where found, 247-.
274 note. Chantries confused with Gilds,
Bakers and bread, 354, 365, 381, 205-207, 259.
424. Character, good, required of new
Bare legs and feet, none to attend brethren, 76, 139, 141, 229,306.
the feast in, 81, 87. Charter, what it is, 300.
Barley, price of, 121, 123 ;
pay- Charters not necessary, 128 note,
ments made in, 182, 184, 185. 130 note, 226 note.
Bellman, 55, 145, 163, 190, 191, Children of gildsmen admitted
249. without payment, 161, 340.
Bells knelled, 189,401 ; peals of, Christmas festivities, peace during,
190-192, 296. {See Ringers.) 427.
at Westminster, 294 ; in Wor- Classes, different, in a craft gild,
cester, 395, 401, 402. 324.
* This is not an exhaustive Index, but will be useful in finding occasional

points which would not so readily be found by means of the marginal abstracts
and the Introduction. See also the Glossarial Index.

4M INDEX.
CSoUi-aMking, 350-35>- Farringihm Without. Ward of, 1 29

OoCb-workcni and cloth-walkers, iu>U'.
180. 33 Felony, brethren ;,niilty of, 15H.

Ooia, JJJ. 4>5^ Fi-rtliin^^'men or htrwanls, 341.
Codex mr^nXeuB^ MS. rmembling, Figures, curious method of writing,
175 note. 199.

CommaDe, aoi noU. Fire in Worcester, 382, 385.
OuDctitulional iiriuci|ili.*8 in Kng- Fish, sale of, 345, 353, 354, 396.
Flagons, 173 note, 183.
Coqx' lie*, relatione of Gilds Fh)wcred candles, 30.
to, 126, 339, 250, 283, 286 ?\>reign of Hinningham, 236.
wo/**, 29V, 329 <>'^ 33'' 334 Forestalling and regrating, 345,
34. 379. 411. 420- ^
34^>, 353' 368.
Correctiou of sen-antfl and ap Four good men, 135 note.
k '
s. 322. .^90.
- Frauds in trade, laws against, 351
Ci Is. urilinaiici'S of. InO notfi, 368.
notf, 179 io/^, 208. Fuel for the poor, 425.
Itiikfi-H, Ex'ttT. 334. Fullers and cloth-walkers, 180.
C'iinlwuintrs, Exttrr, 331. (See Cloth-making.)
Fullers, Bristol, 284.
Tailors, Exeter, 312, 324. Ghosts and spirits, 194.
Craft gilds, relations JK-twiH-n, and " Gildc," meaning of, 122.
CoriHirations, 286, 334, 337, Gild-hall, 246, 250, 387, 392.
379. 3^5. 4^0. 4.30- Gilds mentioned in notes :
Craftsmen, amercements on, 379. Biirford, 272.

Crafta pageante, 385, 407, 408 ; Bury St. Edmunds, 251 note.
livrries, 388. Dronfieid (Derbyshire), 169
Curfew, 427. 7iote.
CuMtomarj' of Bushey, 441 ; of Grantham (Lincolnshire), 169

Tctteuhull, 432. note,74 note.
I
Grimsby, 185 7iote.

Dead, maases for, not provided, Minstrels and Phiyers, Lincoln,
181 note. 294.
Dedication, remarkable, 172 7iote. Ringers of Westminster, 295.
Defence at law, help in, 166, {See Worcester, 180.
Arbitration.) Gilds merchant, 152, 168, 226,
Derilendeha|>el, 241, 258-261. 239; .357, 411, 430.
DcKtrudinn of the Gilds, means Glanvilles, the two, 191.
taken for, 196, 203 Tiote, 251 Graceman, 172, 176, 183.
note. Great fSeal of England of Edward
Dowry to girk, 194, 340. IIL, curious facts as to, 227 note.
Guest at home, ale for, 185 ; at
Elder father, 169. Gild feast, 186 n^te, 219.
Endowment on foundation, 155,
160, 162, 193, 240, 244, 251. Hans House, 151, 357.
punishment of, by Gild,
E%-il-<h>er8, Head officer, different names for,
158, 166, 170. 46, 165,170, 172, 183, 195,
Exeter, records of, 126, 300. 2 19 note, 229.
INDEX. 481
Hearse, funeral, 176. Legacies, 29, 165, 170, 317, 339.

Hedge-bote, 437. Lepers, 341.
Help-men, 156, 160, 217. Letters patent to Stratford Gild,
Hire of labourers, 395. 218.
Holy Cross, legend of the Inven- Liveries, city, 422.
tion of, 224. Liverymen in Tailors' Gild, Exeter,
Homage and mutual help, 191 note. 324-
Horse bread, 337, 366, 406. Liverymen in Worcester, 386, 388-
House-bote, 437. 389.
Housling people, 199, 222, 247, Loans to brethren, 8, 11, 156,
260. 160, 170, 229.
Hucksters, 337, 343. Lodgings for the poor, &c., 143,
231, 249.
Impressed manuscript, 175 note. Lot. {See Scot.)
Incorporation of several Gilds
together, 219, 338. Magna Charta, meaning of the
Indulgences to helpers of a Gild, frequent confirmations of, 227
269. note.
Inns, 30, 406. Manuscripts used in Part III.,
Inquiry, regular, articles of, 158, accounts of, 363, 409-411, 428,
366, 367. 429, 432, 438, 443- {See
Inquiry before license of mort- Returns.)
main, 240-243. **
Maser," 174 note, 231.
Inspeximus charters, 153, 227, Masters of Gilds witnesses to
232, 301. charter deeds, 235 note.
Inventories named and given, 168, " Medius " and middle lords, 226
233j 320, 327. note, 245 note, 263 note.

Meetings, 128 note.
Jewels and plate, 140, 199, 248. Members of Parliament, payment
Juries, 400, 405. of,
134, 393-
Midwife, common, 249.
Kalendars' Gild of Bristol, 287, Mortmain, license of, from whom
417,428.^ needful to be obtained, 226-
Kind, payment of workmen in, 227 note, 245 note, 263 note.
suppressed, 352 note, 383. illustration of proceedings
King's peace. {See Peace.) taken in getting, 240-245.
somein cases none ever got,
Law, ordinances not against, 23, 251 note.
30j 39 337 ; but the contrary, Mortmain, statute of, mentioned,
{See Town.) 195.
Law-day, or Leet, 411, 421, 439. Music, 148, 149, 289, 294. {See
Law-suits, 271. {See Arbitration.) Ringers.)
Laws and ordinances, publication
of, 376, 402, 412. {See Ordi- Names of brethren, 112, 453.
nances.) Night watches, 194, 217.
Leather, 345, 353, 358, 359, 384.
Leet-Court, 411, 439 ; articles of Oaths, specimens of, 188, 316-
inquiry at, 367. 319-
31
4l DTDBX.
411. Proclnmntions of Writs in London

n AMiiiitUd from

and country, 129, 131.
* while holiling. 36, 85 Pro|H'rty, real, held by Gilds, 12,
171, 198, 213, 218, 233, 234.
Oflleer* of nutmcipal bodies, 349,
413 Rector, name for head officer of
On luftking
of, 11, 48, 57,
.
Gild, 193.
1^,.,. 402. .'. Rogi-aters. (See Forestalling.)

rra ^ f,
. to new brethren,

Rents and rent-charges, grant of,
I -.). 161, 162. 218.

i jsrjictice of reviewing from Reports made under Henry VIII.
time to tinie, 181 noU, 187, and Edward VI. (See Certi-
^'>^ 35- ficates.)
^ cuiifinuationby of, Justices, Representative institutions, idea of,
110. :^:ô. 134, 135 ^^.
COT by -n of, Bisliop Resumption, Acts of, 301 note.
and I 268-9, 271. sary, Returns, notes as to MSS., 2, 40,
by Corpora-
confimifttion of, 41, 44, 126, 235, 262.
tionR, 286,
334, 337. Rin^^crs and ringing, 190-192,
copied from
of different Giklfi, 288-296, 326.
one another,
272. Rod, penance by holding the, 81,
Worcester,
of called " Acts," 87.
how made, recorded, and made
known, 376, 379, 402, 404. Saint's name to Gild, 195 note,
201 note, 221.
Pageants 140, 142 1^9, 385, Saints, patron,168 note.
407, 408, 446. Sanatory regulations in local bye-
Paper in ancient manuscripts, 44 laws, 396, 398, 440, 442.
noUf, 132. 133. Scot and Lot, 189, 329, 345 7iotc,
Pardons, 218. 474-

Parliaments, two in one year, 136. Schools and schoolmasters, 198,
" Patria," meaning of, 243 note. 202, 205, 221, 223, 288.
Peace, King's, must be kept, 388, Seals of Gilds, 18, 168, 201, 207,
389, 427, 428. 246, 250, 301, 327.
Rlgrims and pilgrimage, 157, 177, Shares of brethren in goods
180, 182, 231. bought, 210, 345.
Play along the streets, 137. Sistren, not in some Gilds, 263
Poor, special entertainment of, note.
169. Soul candles, 178, 184.
Prayers made by brethren, 22, Soul pence, 181.
3<5 37. Vj 76, no, III, 114, Staple, Statute of the, 356 ;
177, 184, 217, 229, 318, 448. Mayor's Commission of, 419.
Priests, want of provision for, 220 Statutes of Gilds. {See Ordi-
7wte. nances.)
Private Bill in Parliament, an- Stratford-upon-Avon, Mr. Fisher's
cient, 309-312. work as to frescoes, &c. at, 224.
Processions, 19, 25, 30, 38, 43, Sudden death, 113.
72, 141, 148, 232, 446. Sworn men, 349.
;
INDEX. 483
Tabard, 8i, 87. Widows, help to, 329.

Tankards and flagons, 173 note, Wife, second, admission of, 159.
183, 184, 217, 231. Will of W. Lenche, 253.
Temporal affairs, part taken in by Woad, 358 note.
ecclesiastics, 265. Women, founders of a Gild, 155,
Tilers in Worcester, 398. 160.
Town Hall and Gild Hall, 246, not allowed to keep night-
250. watch, 194.
Town laws respected and upheld, Wool, custom on, 355, 384.
163, 165, 167. Works of charity still carried out
Trust reposed in Gilds, exempli- by offshoot of an old Gild,
fied, 143, 235, 325. 251, 252, 254.
Writ ad quod damnum, 240.
Villans, 136 note. Writ for levy of expenses of Mem-
bers of Parliament, 134.
Waste! bread, loi, 365. Writs for Returns from Social and
Watch on St. John's Eve, 408. Craft Gilds, 127, 130; recital
Waxshot, 190. of, in the Returns, 28, 83
Weights and measures, old laws number remaining, 132.
as to, 364-367.
it
io
J
to
CQ
Smith, Toulmin - English gilds,
PONTIFICAL INSTITUTE
OF MEDIAEVAL STUDIES
59 QUEEN'S PARK
Toronto 5. CA^!A^1a
23856
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English Gilds - The Original Ordinances of More Than One Hundred Early English Gilds - 1870

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English Gilds - The Original Ordinances of More Than One Hundred Early English Gilds - 1870

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'Av:-^'-*-t++'

DUBLIN: Wiluam M^Gee, 18, Nassau Street.

EDINBURGH T. G. Stevenson, 22, South Frederick

GLASGOW Ogle k Co., 1, Royal Exchange Square.

BERLIN : Asuer k Co., Unter den Linden, 20.

NEW YORK : C. ScRiBNER k Co. ; Leypoldt k Holt.

BOSTON, U.S.: Button k Co.

Cfte rlrmanas; of WRovtt^Uv;

i)t Cositomarp of tfie iWanor of CettenftalL-a^esis*

From Original MSS,

EDITED, WITH NOTES,

TOULMIN SMITH, Esq.

WITH AN INTBODUCTION AND GLOSSABY, &c.,

LUCY TOULMIN SMITH.

<Bn tl)t i^i0torg anir Bebelopmeut of (gilDsf,

PRINTERS TO THE UNIVERSITY.

Gild Ordinances from Returns made, in English, in January

m 6t, Loonanl 11)

m The Young Scholai-s 51

* Those marked "(tr.)"are translated; those marked "(Eng.)" are from

Lt DUm The IVlmrre (tr.) \[K\

Rr|>ort ma*Ic in IS-IG (^'n^ 1 OtJ

WoftCSSTKB . . St Nicholiui 200

Relations of Gilds to Municipal Bodies 348

has been my constant aim and endeavour; and I have had a

ad eren with thU advmntagt^, I had much to overcome in ina><lor-

a painful U'rvavonient have, I fear, cansi'd further delay; in short,

irongeat reasons I can offer for undcrtakin^ this myself, inst<>ad of

jieldinj; it up to other and more elliciont hands.

with the exception of a few trifling press corrections and short

**U8ajfCs" alone was nearly ready: all rc(|uired careful collation

and notes, most of them wanted the mar;inal abstract. The

two Lectures on the Records of England, delivered at Birming-

inquiries led to the bringing out of some hitherto almost unused

he found that they were of the highest interest, giving an amount

appeal to their fathers in vain, when they earnestly invoke the

practice among the common folk, that it had been ^^

^ In several places throughout the book, reference is made to what *'

with pmfit to them}elve8, hut alno the work w)uld * hy examples,

It doc not sock to jivo a wmiplete history of Gilds abroad and at

jmst times in England (interesting,^ and useful though these mif^ht

the several other Records contained in Part III. were added, as

upon the vitality of which the Gild depends ^.

The early English Gild was an institution of local self-help

mon obligations. They were quite other things than modern

was, to set up something higher than personal gain and mere

make the teaching of love to one^s neighbour be not coldly accepted

institution which lies at the very root and foundation of modern

of Hit- U!iT iu^ tortk pliUH* in motluHlH and witli arcompnnyinn'

'I 'x of thtfi general syHUMii of Ciilds in \\\o Old IOn;,'^lisli

f \ 1 timo arc to Ik foiiiul not only in tho laws but in

of agt? and circumstance, long before the times of which we have

liability of the brethren of a Gild in the case of slaying a thief '^.

^^ Judlcia Civitatis Lundonia? '^

[of psalms], or get it sung within 30 days.'^ (See after, "^

48, 181, &c.) The '' Gild-ship ^^

afterwards found constantly insisted on peace and good behaviour

The relics of ancient Gilds by name that are found reaching

* Thorpe's Anglo-Saxon Laws, Athelstan V, 2, 3 ; 8, clauses v, vi.

* Strype's ed., bk. ii. p. 3.

Merewether's Municipal Corporations, i. 307; Rymer's Foedera (1816), i. p. 11.

M\tv > r- ! , r n. Kvi'ii oldor tliaii iJiis, a ^niiit of land \u:u\r

r*mainin:^ tlio a^nvmoiit and byo-laws or ordinanros made ani(n>^

tlujiw U,- bv the bn'thnn of a Thegns' (iild at ('aml)ridp', a (iild

Utwctn man and nian, i>ttul>litili(d and fortified upon